China has set up its system of principles, policies
and laws for the reform of criminals based on many years of experience,
representing an important step in the development of a socialist legal
system. This introductory look at criminal reform in China should help the
people of the world better understand our socialist system with Chinese
characteristics.
I.
China's Basic Principles of Criminal Reform
People can be reformed. The great majority of criminals can also be
reformed. Turning minuses into pluses and changing criminals into people
who are useful to society are in conformity with the great Marxist ideal
of liberating all of mankind. Consistent with this understanding, China
does not simply punish criminals; instead it emphasizes reform and change
for the better. Therefore, even in the case of criminals who have
committed serious offenses, China has always adhered to its laws and
policies, which call for a minimum number of executions.
In the actual practice of criminal reform, China pays close attention
to implementing the principles of humanitarianism. Criminals are not only
provided with proper living conditions, but their human dignity is also
respected. Humiliating of prisoners is forbidden. Chinese law clearly
stipulates that criminals are to be provided with a humane level of
material comfort during their prison terms and that the staff in prisons
and reform-through-labour institutions must handle criminals in a
civilized manner.
China strictly protects the due rights of criminals. Chinese law
stipulates the various civil rights not restricted by law to which a
criminal is entitled during a prison term. There are specific legal
provisions concerning the rights a criminal must enjoy during the entire
process from initial detention to release after serving the sentence.
Chinese law forbids any maltreatment of prisoners by the prison staff and
prisoners have the right to file charges according to the law. The law
clearly stipulates criminal sanctions for any prison staff guilty of
dereliction of duty.
In the reform of criminals, China operates on the principle that
education is very important, attaching great importance to physical labour
in addition to legal, moral, cultural and technical education to encourage
criminals to stop looking at time in prison as a forced prison term and
think more in terms of conscientious reform, to give up the idea of
obtaining personal gain through criminal means, to form the habit of
respecting other people and society in general, and to obtain the work
skills needed for later employment so that they may become law-abiding
citizens.
China attaches great importance to helping criminals change by means of
persuasion. Therefore, China brings the efforts of specialized state
organs and society together to reform criminals. Reforming criminals is
mainly the responsibility of state organs in charge of
reform-through-labour programmes and is carried out at prisons and reform-
through-labour institutions. At the same time, under China's socialist
system, reform of criminals is the common concern of society and receives
energetic support from the public. Every sector and level of society
supports and helps coordinate this work through the entire process of
criminal reform, including resettlement and employment after a criminal
has served his term and is released from prison.
Due to the implementation of the above-mentioned principles, China has
met with great success in criminal reform.
--- China has successfully reformed war criminals. It did not use
capital punishment on any of the Japanese war criminals, the war criminals
of the puppet Manchuria regime, the Kuomintang war criminals or on the
last emperor of the feudal Qing Dynasty. After their reform, over one
thousand Japanese war criminals received lenient treatment and were
returned to Japan. Most of them have taken an active part in anti-war
activities, supporting peace and promoting Sino-Japanese friendship. After
receiving special pardons and being released, the war criminals associated
with the puppet Manchuria regime and the Kuomintang war criminals,
including the last Qing Emperor, Aisin Giorro Pu Yi, became law-abiding
citizens and did their best to work for the good of the country and the
people.
--- China's rate of recidivism is among the lowest in the world. For
many years, it has been around 6% to 8%. In contrast, the rate of
recidivism in some developed western countries is around 20% or 30% with
some going as high as 50%, 60% and more.
--- About 400,000 criminal cases are brought to trial every year in
China. The country's crime incidence rate among the population is about 2
per thousand per year, which is among the lowest in the world.
The rate of recidivism and the crime rate are the main criteria for
judging the effectiveness of a country's efforts to reform criminals.
China's success in the reform of criminals proves that its principles and
policies, as well as its laws and system are correct for handling the
reform of criminals.
China is a developing country and the conditions and environment for
criminal reform in China are still restricted by its level of economic and
social development. With progress in its socialist modernization drive and
constant improvement in its legal system, the country's efforts to reform
criminals will reach new heights of success.
II. Guaranteeing the Rights of
Criminals
According to Chinese law, a criminal's due rights during his or her
prison service are protected and may not be violated.
In the semi-feudal, semi-colonial China of the past, prisons were tools
of the feudal, bureaucratic and comprador classes who used them to
persecute and slaughter revolutionaries and the oppressed people. In the
1940s, special agents sent by America and Chiang Kaishek savagely tortured
and secretly murdered revolutionaries in Zhazidong and Baigongguan prisons
near Chongqing. These atrocities remain fresh in the minds of the Chinese
people even today. In those days even petty criminals were treated very
cruelly. After the founding of the People's Republic, the people's
government established a new type of socialist prison, where the prisoners
are regarded as human beings, and where their dignity is respected, their
personal safety is ensured and where they receive fully humane treatment.
In accordance with the current laws of China, the main rights of
criminals while they are in custody include the following.
--- In response to decisions made by the people's courts, criminals now
have the right to appeal. In 1990 and 1991, more than 40,000 such appeals
were accepted and heard in Chinese courts. A criminal accused of having
committed a crime during his prison service has the right to defend
himself or ask someone else to defend him during the legal proceedings.
--- Criminals have the right to protection against assault on their
human dignity or personal safety under all circumstances. In response to
any illegal action on the part of a warden or guard, such as obtaining a
confession by torture, administering corporeal punishment or otherwise
maltreating a prisoner, the victim has the right to appeal to the people's
procuratorate, the people's court, the people's government or any other
institution to expose and report such treatment.
--- Criminals who have not been stripped of their political rights have
the right to vote according to law.
--- Criminals have the right to make reasonable suggestions concerning
the management, the educational programme, production, recreational
activities, or sanitary conditions of a prison or reform-through-labour
institution.
--- Criminals have the right to lead a normal life. The State
guarantees material needs such as food, clothing, housing, etc. The
average per capita living space for prisoners is over 5 square metres.
Efforts are made to make all prison buildings solid, clean, well-insulated
and well-ventilated. Statistics show that, the average prisoner consumed
22.75 kg of grain, 20-25 kg of vegetables and considerable amounts of
pork, beef, mutton, fish, poultry, eggs and tofu in 1990. The average
daily dietary intake of calories is 2952 Kcal per person. The annual
average living expenses for a prisoner in different regions of the country
is around 650 yuan, close to the average living standard of the local
residents.
--- Prisoners have the right to maintain good health. They enjoy free
medical care and receive a regular medical checkup every year. If they
become ill, prompt medical treatment is given. Criminals suffering from a
serious disease have the right to get medical treatment outside the prison
on bail according to law. A female prisoner who is pregnant or
breast-feeding her baby may serve her sentence outside of prison. Someone
who suffers from a difficult or complicated illness, may be seen by
outside medical experts called in to make a joint diagnosis or may be sent
to an outside hospital for treatment. Currently China has a three-tier
medical network within the reform- through-labour system consisting of the
provincial central hospital, the prison or reform-through-labour
institution hospital and the basic clinic. Altogether there are 2,944
medical institutions of various kinds. There are 3.54 medical doctors and
14.8 hospital beds per thousand prisoners, with both rates higher than the
national average for society as a whole.
--- Prisoners have the right to exchange letters with their relatives
and friends and to regularly meet with family members. Prisons and
reform-through-labour institutions have special reception rooms where
prisoners can meet with their family members. When some misunderstanding
or conflict causes a prisoner's friends and relatives to stop visiting or
writing, an organ of the reform-through-labour institution does its best
to reconcile them.
Criminals have the right to an education. China's reform-
through-labour institutions have set up the facilities necessary for the
education of their prisoners, who receive a regular primary or junior
secondary education according to their individual educational backgrounds.
A prisoner with a more advanced background may receive a senior secondary
or college education. A prisoner may receive vocational training, laying
the foundation for supporting himself or herself with his or her own hands
on return to society. They are allowed to read books, newspapers and
magazines, listen to the radio and watch TV, in order to learn about major
domestic and international events and maintain a certain amount of contact
with society outside the prison.
--- Criminals have the right to believe in a religion. The Chinese
Government permits prisoners who are so inclined to maintain their
original religious beliefs while in custody.
--- Criminals enjoy certain civil rights, including property and
inheritance rights. Property which was lawfully obtained before a
criminal's imprisonment is protected under the law. A convicted criminal
has the right to collect his earnings and dispose of his property.
Criminals have the right of inheritance under the law. A prisoner's rights
to a patent or copyright obtained during a prison term are protected by
law. Prisoners also have the right to sue for divorce and the right to
fight a divorce action in court.
--- The Chinese Government provides special treatment which is
different from the general prison population in terms of daily activities,
administration, labour requirements, etc. to juvenile, female, elderly,
infirm and disabled prisoners in addition to minority nationality Chinese
and foreign prisoners in full consideration of this group's special
physical and psychological traits, physical strength limitations and daily
customs. Juveniles are kept in juvenile deliquent rehabilitation centres
which operate on the principle of "relying mainly on reform through
education supplemented by light physical labour," which is actually a kind
of vocational study. Prisons and reform-through-labour institutions have
special dining rooms for minority nationality prisoners with special
dietary customs.
--- A prisoner may have his sentence reduced for good behaviour or be
released on parole according to law.
The legislative bodies and the government of China have drawn up
appropriate laws and regulations to protect the legal rights of prisoners.
Wardens and guards must receive special legal and vocational training,
then be certified before taking a post. It is strictly forbidden to
torture, insult or otherwise maltreat prisoners. Cases of unlawful
administering of corporeal punishment are thoroughly prosecuted, including
making an investigation to affix blame for the crime. In other words, in
accordance with the provisions of the criminal law of China, a serious
case of illegal corporeal punishment of a prisoner which constitutes
"administering unauthorized corporeal punishment to a detainee" is tried
in the people's courts, where any penalty is also decided. In 1990 and
1991, there was a total of 24 wardens and guards sentenced to imprisonment
for this crime. The People's Procuratorate has sent permanent teams to
prisons and reform-through-labour institutions to supervise the
law-enforcement activities of these institutions and protect, according to
law, the prisoners' right to appeal, right to make accusations and right
to report unlawful activities. Deputies of the people's congresses and
members of the committees of the political consultative conference at all
levels visit the prisons and reform-through-labour institutions from time
to time to check on law enforcement there. For example, in 1991 more than
30 members, composing four groups, from the National Committee of the
Political Consultative Conference and the Beijing Municipal Committee of
the Political Consultative Conference visited the No.1 Prison in Beijing
to inspect the law enforcement work being carried out there.
At the same time, prisoners must fulfill their obligations under the
law. These include: to abide by the laws and decrees of the State and the
prison regulations and rules of discipline jointly drawn up by all the
reform-through-labour institutions; to accept supervision and education
from the wardens and other personnel; to actively participate in
productive labour; to accept ideological, cultural and technical
education; to take proper care of state property and protect public
facilities; to behave in a civilized manner, be polite and observe common
courtesy; to report criminal offenses; to become more self-disciplined and
take part in group activities; to reform, bearing in mind the nature of
the crime.
III. Reform
of Criminals through Labour
China has criminals do productive and socially beneficial work, which
is the main meaning of combining punishment and reform. China's experience
in reforming criminals has shown that this measure is very effective.
It is especially important for criminals to engage in productive and
socially beneficial labour. Firstly, productive labour helps criminals
realize that social wealth does not come easily, fosters a love for work
and helps them become accustomed to it, instills the idea of "no work, no
food" in their minds, and helps them overcome bad habits such as sloth,
aversion to work and hedonism. At the same time, working gives them a
sense of social responsibility and law abiding spirit in addition to
improving self-discipline. Secondly, having prisoners engage in an
appropriate form of labour enables them to stay physically fit, which
helps to ward off depression, listlessness, demoralization and even
thoughts of escape, suicide or further criminal activity, ideas which
spring from the monotony of prison life over many years. Thirdly,
productive labour enables prisoners to acquire productive skills and
knowledge which make it possible for them to earn a living when they have
served their sentence. This makes it unlikely they will return to crime
because of lingering bad habits or lack of job skills. Fourthly, having
the prisoners engage in labour in a situation and format similar to those
of normal society helps to instill the habit of working and cooperating
with others in an organization in society. This enables them to adapt to a
normal social environment as quickly as possible when they are returned to
society.
Using forced labour as a means to reform criminals is a common practice
in many countries of the world. Explicit conditions have been stipulated
in the laws of many countries and in UN documents concerning forcing
criminals to engage in labour.
China's law stipulates that all criminals who are able to work must
participate in work activities. Those who are found to be unable to work
by a doctor's examination or those who are old, infirm, disabled or
otherwise unfit for work do not participate. According to statistics,
about 10% of the prison population did not participate in labour in 1990.
The Chinese Government opposes the use of labour as a means of punishing
criminals, as well as the use of heavy labour as a means to maltreat
prisoners.
China faithfully practices the use of forced labour as a reform method
rather than as a method for punishment.
--- China has formulated a series of laws and decrees relating to
putting prisoners to work in productive labour. Prisoners enjoy the same
benefits as employees of state enterprises in terms of work hours,
holidays, supply of food and edible oil, and occupational safety and
health care.
--- Education is used to gradually change the prisoners' attitudes to
the work activity from forced labour to conscientious work. When they
first arrive, some criminals are not in the habit of working, or look down
on work, so at first they must be more or less forced to engage in
productive labour. The reform-through-labour institutions of China do not
resort to crude methods of force to solve this problem. Instead, prisoners
are subjected to continual education to teach them the importance of
taking part in productive labour and to help them realize that an aversion
to labour is shameful. From the beginning, they are given work which is
within their ability to reform so that they gradually come to understand
the meaning of work and develop an interest in it so that they eventually
come to participate in reform through labour of their own free will. Take
the last Emperor of China's Qing Dynasty Aisin Giorro Pu Yi as an example.
When he first arrived at a Chinese prison, he was attended by people who
put on and took off his clothes, including his socks, for him. Eventually,
he began to willingly participate in work activities thanks to the patient
education and careful arrangements found in Chinese prisons. He said he
believed that the work activities played a major role in changing him from
a criminal into a person who was beneficial to society.
--- In Chinese reform-through-labour institutions, a prisoner who is
unable to work is exempted from productive labour. Prison staff are
assigned to determine the prisoner's state of health so work can be found
which the prisoner is physically able to do. Female criminals perform work
which is in conformity with women's physical and psychological traits.
Juvenile deliquents only work to learn skills, following a half-work and
half-study schedule.
--- Civilized and safe working conditions are provided for prisoners
engaging in reform through labour. In the area of occupational safety and
health care, every reform-through-labour institution has a set of specific
safety regulations and necessary safety measures plus special safety
personnel who constantly monitor safety conditions and conduct
inspections. There are explicit regulations relating to conditions in
prisons and reform-through-labour institutions in terms of safety,
hygiene, ventilation, light, etc.. Reform-through-labour institutions in
China are judged in part by how well they conform to these regulations.
--- China insists that criminals be allowed to study and improve their
production skills to make the prisoner look at the world in a new light
and enable the reformed criminal to contribute to the modernization
programme. One major way of judging a reform-through-labour institution is
how successful it is in helping criminals learn and improve their
production skills. This has played an important role in enabling reformed
criminals to quickly become employed, keep their minds on their work and
avoid going back.
--- Chinese reform-through-labour institutions encourage criminals who
have special skills to contribute to society. In China, there have been a
considerable number of criminals who became skilled workers or even key
personnel in production through the assistance of administrative
departments. Some have even become inventors and artists. One criminal
named Mao in the First Prison of Hebei Province has made three major
inventions and holds Chinese patent rights for them, winning public
approval and a reduced sentence for himself in accordance with the law.
Over the past forty years, China has gained a great deal of valuable
experience in reforming criminals through labour. Many prisoners have rid
themselves of their bad habits through reform through labour, formulated a
better outlook on life and learned to respect other people and society,
and now maintain self-discipline and abide by the law. Many have had their
sentence reduced or been released on parole for outstanding behaviour
during the reform-through-labour process. Some who have returned to
society after serving their sentence have become key production personnel,
engineers, factory directors and managers. A few have even become
"advanced producers" or "model workers". China's success in reforming
criminals through labour has been justly praised by respected personages
of great vision in the international community.
In China, products are produced by prison labour mainly to meet needs
occurring within the reform-through-labour system. Only a small proportion
of such products enter the domestic market through normal channels. Profit
from reform- through-labour work activities is mainly used for improving
the prisoners' living conditions, upgrading their common living areas and
facilities and maintaining production. This has played a positive role in
reducing the burden on the state and the people. There are two kinds of
production in the reform- through-labour system: one is that carried out
by the prisoners themselves; and the other is that carried out by the
workers and their dependents in the reform-through-labour institutions.
These two kinds of production are totally different in nature and should
not be confused. According to statistics, the annual output value of
prison labour in the reform-through-labour system for 1990 was only 2.5
billion yuan, which is about 0.08 per cent of the nation's total
industrial and agricultural production output value for the year. In
recent years some people in the West have been claiming that "China's
prison products constitute the pillar of the Chinese national economy."
Nothing could be further from the truth.
China prohibits export of products made with prison labour. No
competent Chinese authorities has ever given any reform-through-labour
unit the right to export commodities. On October 10, 1991, the Ministry of
Economic Relations and Foreign Trade and the Ministry of Justice jointly
issued a circular entitled "Reissue of Regulations Prohibiting the Export
of Products Made in a Reform-through-labour Programme". The Chinese
Government is very strict on this point and any violations of these
regulations are dealt with severely.
IV. Legal, Moral, Cultural and Technical Education of
Criminals
Chinese law stipulates that the reform of criminals through labour
should be combined with legal, moral, cultural, and technical education.
Since most criminals are young, without much education and legally
ignorant, an important part of the work of reform-through-labour is
helping the prisoners become better educated and acquire more legal, moral
and cultural awareness and working skills. To meet these objectives
Chinese reform-through-labour institutions now run special schools,
creating a criminal reform system with Chinese characteristics.
Since 1981 the Chinese Government has included education of criminals
in its national educational programme. Where conditions permit, prisons
and reform-through-labour institutions are required to set up special
educational institutions to form a complete educational system for formal
and institutionalized legal, moral, cultural, and technical education of
prisoners. By the end of 1991, 72.82% of all prisons and
reform-through-labour institutions had established such special schools.
The legal and moral education of criminals in reform- through-labour
institutions emphasizes the need to plead guilty, abide by the law,
improve moral values and better one's outlook on life. The purpose is to
help criminals know, abide by, and accept the law and to improve their
moral standards.
Legal education for prisoners mainly consists of studying the
Constitution of the People's Republic of China, Criminal Law, Law of
Criminal Procedure, General Provisions of the Civil Law, and "Code of
Civil Law Procedures", etc. This enables them to learn the basic rights
and obligations of a citizen, the legal consequences for committing a
crime and the basic contents of the criminal law, the criminal justice
system and the basic civil laws relating to marriage, family, rights of
persons and property rights. On this basis, they should be able to draw a
clear distinction between legal and illegal actions or criminal and
non-criminal acts and become fully aware of the danger and legal
consequences of criminal actions, so that they may admit their guilt, obey
the laws and voluntarily accept reform.
Education in morality and outlook on life focuses on issues which are
closely related to a prisoner's immediate interests, such as his or her
ideals, happiness, conscience, pleasure or sadness, honour or humiliation,
future, marriage, family, etc., making them understand proper social
morality and sense of value so that a prisoner can clearly distinguish
honour from humiliation, civilized from uncivilized behaviour, noble from
base actions, and beauty from ugliness. At the same time, individual and
specific education is provided to suit individual cases and coordinate
with the lessons learned from their criminal activities. This has proven
effective in reforming the minds of criminals.
According to statistics, 98.92% of all prisoners in China took part in
legal and moral education in 1991. One prisoner in Guizhou named Mei, who
took the legal and moral education seriously, overcame his bad habits
during imprisonment. Since completing his sentence he has been
well-behaved and law-abiding. He has prospered through his hard work and
won the trust of the masses who elected him as the head of a model
village, deputy to the township people's congress and member of the county
committee of the political consultative conference.
Elimination of illiteracy and attainment of universal junior secondary
education are the main objectives of cultural education in prisons, but
criminals with a higher educational level are encouraged to attend
correspondence colleges, part-time colleges or TV colleges offered by
society.
Chinese reform-through-labour institutions regularly test the
educational level of prisoners and prison students are divided into
different grades and classes similar to the teaching programme in schools
in society at large. Prisoners whose educational level is below the junior
secondary school level are generally required to attend classes.
The overall director of a prison or reform-through-labour institution
also serves as the principal of the institution's special school. The
school also has a dean and teachers' office plus a teaching programme and
curriculum prepared each school term and year. Prisoners study about two
hours a day or 12 hours a week. Teaching staff are especially selected for
the school and some are chosen from among prisoners with a higher
educational level. Prisoners who have attended classes and passed the
tests given by the local educational department will be given educational
certificates equivalent to those issued by educational institutions in the
society at large.
According to statistics, at the end of 1991, there were over 12,000
classes of various kinds being offered at China's prisons and
reform-through-labour institutions. Over 518,000 prisoners attended the
classes and the 92.35% of those eligible to attend were admitted. There
were 5,300 prisoners studying through classes offered in publications,
correspondence colleges, part-time colleges, and TV colleges and 4,000 who
took higher education examinations for self-study students. Over the last
six years, prisoners have been awarded a total of 902,000 certificates or
diplomas of various kinds. A three-year regular educational programme
which has been instituted for prisoners in the Third Prison of Shandong
Province has brought the illiteracy rate there down from 17.6% to 1.3%. In
addition, the number of prisoners with less than a primary school
education has dropped from 65% to 5.3% and the number of those who have a
junior secondary education or above has increased substantially.
Revidivism has dropped to 1.9%. There was once a youth from the city of
Shenyang who was sentenced to reform-through-labour because of his
involvement in a gang theft. While serving his sentence, he
conscientiously accepted reform and actively participated in the classes
organized by the reform-through-labour institution. After he was released
from prison he passed his college entrance examination and later was even
admitted as a postgraduate at Harbin Industrial University, where he
obtained an MA degree.
Vocational education is a major part of the education programme for
criminals in China. According to statistics, over 561,000 criminals took
part in training courses for various skills in 1991, representing 83.18%
of the total number of prisoners who were eligible. A total of 546,000
certificates for various levels of technical proficiency were issued to
prisoners by the labour departments in society as a result of testing.
To augment vocational training for prisoners, prisons and
reform-through-labour institutions feature vocational teaching and
research facilities, classrooms, laboratories and experimental plots set
up by agricultural work units. Vocational teaching materials and various
forms of reference material are provided free for the prisoners. Teachers
are generally selected from among engineers, technicians and agricultural
experts within the reform-through-labour institutions supplemented by
technicians and teachers from schools or other institutions in society.
Taking into account the social needs of prisoners who have been released
plus the fact that they go in different directions, short, practical and
immediately useful programmes are the main focus of vocational and
technical training. Through courses which teach subjects such as home
appliance repair, tailoring and sewing, cooking, hair-dressing, home
poultry raising, carpentry, bricklaying, electricity and agricultural
implement repair, prisoners acquire one or more skills during their
imprisonment, in preparation for finding employment after their release. A
study of 720 former prisoners with technical skills conducted by a
reform-through-labour institution in Jinan, Shandong Province revealed
that 96% found employment soon after returning to society. Some returned
to their original work units and some were employed as key technical
personnel inordinary enterprises. Still others set up household
businesses, construction operations or other service industries, becoming
individual business operators who behave themselves and abide by the law.
A reform-through-labour institution in Lingyuan, Liaoning Province made a
study 124 former inmates who had acquired technical proficiency
certificates in prison. All of them had jobs and none had committed new
crimes.
The systematic legal, moral, cultural and technical education of
criminals is intended to make prisons and reform- through-labour
institutions like special schools for educating and reforming criminals.
This represents an important improvement in reform-through-labour work in
the country as well as a development in the construction of a socialist
legal system in China. Experience has shown that it is an effective way to
improve our work in reforming criminals and promotes a good social order.
This policy has generated a systematic legal system with Chinese
characteristics.
V.
Changing Criminals through Methods of Persuasion
Changing criminals through methods of persuasion is an integral part of
China's efforts to reform criminals, for which Chinese
reform-through-labour institutions have generally adopted the following
measures.
--- Healthy cultural, recreational and sports activities are offered in
China's prisons and reform-through-labour institutions to create a
positive atmosphere for bringing about change in the prisoners.
All prisons and reform-through-labour institutions have libraries and
reading rooms for prisoners with books concerning politics, culture,
literature, and science and technology as well as a variety of newspapers
and magazines which may also be ordered by a prisoner at his or her own
expense. Prisons and reform-through-labour institutions often offer
eligible prisoners the opportunity to engage in activities such as
artistic creation, news writing, reading, lecturing and essay writing
competitions.
Many prisons and reform-through-labour institutions provide the
prisoners with special teachers, painting rooms, and painting tools and
materials and offer calligraphy, painting and other art classes. Some also
invite teachers from society at large to give lectures at the prison.
Shanghai Municipal Prison has held an exhibition every year since 1983,
featuring 200-300 pieces of art created by prisoners. In autumn 1990, a
museum in Beijing held an arts and crafts exhibition where over 700 pieces
done by prisoners in calligraphy, seal cutting, sketching, oil painting,
traditional Chinese painting, gouache, clay sculpture, stone carving, jade
carving, wood carving, root carving, batik, embroidery, weaving, and paper
cutting were displayed, which was well-received by the public.
Many prisons and reform-through-labour institutions have organized
performing troupes made up of prisoners, who give performances produced by
the criminals themselves. In some institutions sports activities such as
basketball, table-tennis, and tug-of-war, in addition to various board
games are often organized for the prisoners.
As part of the effort to educate and reform criminals as well as to
enliven their daily lives, China's prisons and reform-through-labour
institutions publish three newspapers, the Reform-through-labour News, the
Blackboard News and the Wall News. Though prison staff are responsible for
these newspapers, prisoners do the writing, editing, copying and
blockprinting. At present, the Reform-through-Labour Newspaper has a
circulation of 224,000 within the prisons. These prison newspapers, which
are interesting and full of information, are praised by the prisoners as
"good teachers and helpful friends on the road to reform".
--- China sets great store by the beneficial effects which the personal
examples and words of the prison staff have on the prisoners in their
care.
The state requires all prison staff to be ideologically morally sound
in order to guide and inspire the prisoners with their civilized speech
and behaviour in their daily work. The prison staff need to work
especially hard on the education, conversion and redemption of juvenile
deliquents, working in a sincere, patient and painstaking manner like
parents with children, doctors with patients and teachers with students.
Sometimes, the prison staff have to talk to a prisoner ten, twenty or even
a hundred times before their concern can move the prisoner. When prisoners
have special family or marital problems, organs of the
reform-through-labour institution do their best to help, working with
relevant social organizations.
--- Organizations in society actively participate and help in reforming
criminals through education and persuasion.
This is one of the major characteristics of China's efforts to reform
criminals and it has proven to be very successful in practice. Talks are
given to criminals in prisons and reform- through-labour institutions by
leaders of party committees and government departments; deputies of
people's congresses; members of political consultative conference
committees; responsible persons from the trade unions, the youth league,
the women's league and judicial organs at all levels, and famous
personalities, heroes, model workers, veteran cadres, senior teachers,
workers and artists in society. They lecture on current affairs and
ideals, raise the hopes of the criminals, make them feel as though people
care about them and help them see that they have a bright future. Crime
victims are also invited to come to prisons and reform-through-labour
institutions to condemn the harm caused by crime to help enhance the
criminals' sense of guilt and make them feel more responsible and
repentant for their crimes.
Reform-through-labour institutions often invite model reformed
prisoners who have turned their life around through reform to talk about
their own experience. This plays a very positive role in building up the
prisoners' confidence in reform.
When possible, reform-through-labour institutions arrange for prisoners
who have shown good behaviour to go on a study tour of places of interest
in society, or to have leaves during holidays for family reunions. This
allows them to see how society is progressing and to feel that they are
still members of society who should return as soon as possible to
participate in the modernization drive of the country.
--- Reform-through-labour institutions actively encourage family
members of prisoners to take part in the persuasion process.
In addition to regular visits covered by the rules, prisons and
reform-through-labour institutions sometimes set up special visits for
family members of criminals who are not progressing steadily toward reform
so that they can advise the troubled criminal. The prison staff informs
the visiting relatives of the recent thinking and behaviour of the
prisoner, occasionally showing them around the cells and work places and
inviting them to help in the ideological remoulding of the criminals.
The reform of criminals through persuasion by reform- through-labour
institutions has received a sincere response from most prisoners.
On April 26, 1990, at 18:00 hours a severe earthquake of magnitude 6.9
quickly devastated most of the offices and dormitory buildings of the
No.13 Reform-through-Labour Detachment in Qinhai. The buildings housing
the prisoners were solidly built, so no prisoners were killed or seriously
injured. In spite of the aftershocks and the fact that all the lights were
out, not a single prisoner tried to escape. Instead, they began carrying
out frantic relief work, rescuing 118 prison staff and family members.
Afterwards, 115 prisoners had their sentences reduced or were released on
parole, receiving favourable treatment in accordance with the law. Another
169 prisoners were cited or commended for meritorious
service.
VI. Humane
Handling of Prisoners in Accordance with the Law
The basic principle governing management of prions and
reform-through-labour institutions in China is humane handling of
prisoners in accordance with the law. This means respecting the human
dignity of prisoners and treating them humanely, resolutely forbidding
prisoners to be humiliated and taking full advantage of the restraining,
corrective, inspirational and guiding role of management in reforming
criminals.
Criminals are sent to an orientation programme when they first arrive
at the prison to learn in detail their legal status, rights and
obligations as well as to become familiar with the prison environment.
During this one to two month programme, prisoners study prison regulations
and code of conduct in addition to relevant laws and decrees, laying the
groundwork for their reform. This helps to dispel the new prisoners'
normal feelings of passive antagonism and dread and enables them to come
in contact and discuss what is on their minds with prison staff in a
natural way.
Management of prisons and reform-through-labour institutions involves
each and every aspect of the daily activities of the prisoners. The
criteria and procedures for assessing daily conduct and conditions for
rewards and penalties for prisoners are codified and publicly promulgated
in order to prevent arbitrary or capricious behaviour on the part of the
prison staff in their work. Prison staff must abide by this code to the
letter in all aspects of their work. They keep records of the prisoners'
progress in reform, regularly analyzing and summarizing their records.
They commend and record the merits of those who have made outstanding
progress in reform-through-labour and grant them favoured treatment in
their living conditions and activities within the prison. For prisoners
who meet the requirements, their cases are reported to the People's Court,
where their sentence may be commuted or they may be released on parole in
accordance with the law. This encourages a positive attitude toward
reform-through-labour among the prisoners and establishes a positive
atmosphere for reform- through-labour in the prisons.
Reform-through-labour institutions require the prison staff to maintain
close track of all the day-to-day activities of the prisoners. They must
organize work and study for, conduct classes for and have personal
heart-to-heart talks with prisoners. They also have meals with them on
major holidays and participate in recreational and sports activities with
them, to establish emotional and intellectual ties. This contact goes as
far as possible to dispel any feelings of aversion and repressed
antagonism which the prisoners may feel toward the prison staff. Thanks to
the effectiveness of these measures, there have been few incidences of
prisoners attacking prison staff or sabotaging prison facilities in China.
In accordance with prison rules and decrees, the handful of prisoners
who are serious violators of prison regulations or codes of conduct or who
resist reform or commit another crime are punished. Punishment by solitary
confinement in individual cases for serious violators of prison
regulations must be collectively discussed by the prison staff and
reported to the leaders of the reform-through-labour unit for approval.
The duration of solitary confinement may not exceed 15 days. Prisoners in
confinement are let out about an hour or so twice a day for fresh air, and
provided exactly the same living conditions as other prisoners who do not
take part in labour activities.
Any reward or punishment meted out by reform-through- labour
institutions is subject to the supervision of the People's Procuratorate,
which has the authority to demand correction of any actions in the
management of these institutions that do not conform with regulations at
any time.
VII. Carrying
out the Punishment of Criminals
The punishment of criminals in China is carried out strictly according
to the law, from the day they are taken into custody to the day of their
release at the end of their sentence.
Criminals are handed over to reform-through-labour institutions only
after the court verdict legally goes into effect. The
reform-through-labour institutions have the right to refuse to detain
criminals when the related legal documents are found to be deficient or
when the verdicts have not yet become legal. Doctors must be on hand when
new prisoners arrive to give them physical check-ups. Those who are
suffering from mental illnesses; from acute, pernicious or contagious
diseases; or from any serious illness, requiring treatment outside the
prison on bail plus women who are pregnant or breast-feeding their babies
are not taken into prison. Within three days after a criminal is
incarcerated, members of his or her family must be notified so that they
promptly learn of his or her whereabouts. In compliance with legal
provisions concerning prison management, most criminals are allowed to
serve their sentences in the area around their original residence, making
it convenient for their family members to visit them and for their former
work units to assist in educating them.
According to Chinese law, the reform-through-labour institutions must
not only immediately pass on a prisoner's appeal to the department
concerned at any time during the term of imprisonment, but also conduct
their own analysis and study of the appeal. When the institution disagrees
with a judgment, the institution itself may request the People's
Procuratorate or the People's Court which made the original judgment to
reexamine the case.
In order to foster the desire to reform among prisoners, Chinese law
contains provisions stipulating a system for reducing sentences and
release on parole. All prisoners who qualify, accept reform, and show true
repentance or outstanding behaviour during their prison terms may be
granted a reduction in their sentence or release on parole in accordance
with the law. Since the early 1980s', a system of points has been
generally adopted by all Chinese reform-through-labour institutions for
assessment and determination of reward and punishment, wherein day-to-day
behaviour of the prisoners as they undergo reform is translated into
points. On the basis of a fixed number of points, those who show a
positive attitude towards reform will be awarded additional points and
those who show indiscipline or break regulations will have points
deducted, with results of additions and deductions of points made public
every month. Prisoners have the right to question or protest their scores.
In accordance with the law, the reform-through-labour institutions
regularly or from time to time recommend to the People's Court that
selected prisoners have their sentences reduced or be released on parole,
based on their overall conduct while undergoing reform. From the results
of assessment and the published scores, the prisoners themselves are aware
of the chances for having their sentence reduced or being released on
parole. To ensure fair and rational rewards and penalties, strict
regulations govern the procedures for reduction of sentence or release on
parole. This method of assessment and reward and penalty greatly increases
prisoners' desire to reform. According to statistics, in 1990 16.38% of
all the imprisoned criminals in the whole country had their sentences
commuted or were released on parole, and in 1991 the figure was 18.35%.
In order to reform those criminals who have committed crimes punishable
by death but who may still be reformable, China has created a unique
system of a death penalty with a two-year reprieve. Article 43 of the
Criminal Law of the People's Republic of China stipulates that, "the death
penalty is only applicable to criminals who have committed the most
heinous of crimes. Criminals who should receive the death penalty but need
not be executed immediately can be sentenced to death with a two-year
reprieve, during which time they are to undergo reform through labour to
see if it will be effective." In keeping with provisions of the criminal
law, if a criminal sentenced to death with a two-year reprieve shows
genuine regret for his or her crimes during the probationary period, the
sentence can be commuted to life imprisonment upon completion of the
two-year reprieve. Those who have shown true repentance and exemplary
behaviour can have their sentences reduced to a set term of imprisonment
between 15-20 years. In actual judicial practice, over 99% of criminals
given the death penalty with two years reprieve have had their sentences
commuted to life imprisonment or set terms of imprisonment through reform.
Those who have had their sentences reduced to life imprisonment can have
their sentences further commuted to a set term of imprisonment if they
show repentance and exemplary behaviour during prison service.
For criminals who have committed new crimes in the prison or
reform-through-labour institution, violating criminal law, the People's
Court, in accordance with the law, is petitioned to pass sentence for the
new crimes, to be added to the remaining term of imprisonment for the old
crimes. As the overwhelming majority of criminals want to reform, only a
handful of prisoners have been given additional penalties due to new
crimes. According to statistics, only 0.387% of the total number of
criminals in custody in the country were given increased sentences because
of new crimes committed in prison in 1990 and only 0.319% in 1991.
For a female criminal who is pregnant or breast-feeding her baby, or a
criminal who is seriously ill, the People's Court may sentence the
prisoner to serve his or her term outside of prison. Release on parole for
medical treatment is also granted to all seriously ill prisoners, who are
serving either a set term or life imprisonment. Requirements for being
released on parole for medical treatment are more flexible for juvenile,
elderly and female prisoners. Statistics show that 1.91% of the prisoners
in the country were released on parole for medical treatment in 1990 and
1.94% in 1991.
A reform-through-labour institution needs to do a certain amount of
preparatory work before a prisoner is to be released, since a prisoner
must be released in accordance with the law on the day the term of
imprisonment ends. At the time of release, a prisoner is given enough
money to cover travel and food expenses. If a prisoner to be released is
not well, family members are informed ahead of time to come and take him
home, or the reform-through-labour institution assigns people from its
staff to accompany him to his home.
To help reform criminals, China, like most other countries in the
world, suspends sentence for criminals who have committed a minor crime,
have pleaded guilty and are not likely to further endanger society. In the
past few years, the departments of justice have appropriately expanded the
scope for sentence suspension according to law. In 1991, over 65,000
criminals had their sentence suspended. Judicial experience shows that
giving criminals suspended sentences allows them to stay with their
families, keep their jobs and remain in a normal social environment. This
helps stimulate their enthusiasm for receiving reform and contributes to
their reform through education and persuasion by society at
large.
VIII. Employment,
Resettlement, Education and Protection for Convicts Who Have Served Their
Term and Been Released
The Chinese Government
attaches great importance to the protection of the civil rights of former
convicts when they return to society after serving a sentence. The
government has ruled that former prisoners are not to be discriminated
against or shut out of society, and that they are to be offered jobs to
provide them with opportunities to study and work and encourage them to go
straight.
From long experience China is well aware of the fact that when a
convict serves his or her sentence and is released, restoring and
guaranteeing individual rights is important. However, the necessary
conditions must be created; released prisoners must be given assistance in
settling down and finding employment so they can avoid making the same
mistakes all over again. Otherwise, restoring and guaranteeing a released
prisoner's individual rights would be an empty gesture and would not have
any really positive effect on society.
The Chinese Government pays a great deal of attention to making sure
prisoners receive pre-release education. A criminal who has served nearly
all of his sentence is sent to the release team who then take charge of
the prisoner and the pre-release education. The release team makes an
overall review of the prisoner's performance during reform in prison and,
based on the results, provides supplementary education as needed to
consolidate the positive results of the reform. Leading members and staff
of local Party and government offices, taxation authorities, and
industrial and commercial as well as labour and employment departments are
invited to speak to the prisoners. They systematically explain recent
social developments, current laws and policies, employment trends, etc.
and teach them how to obey the law and behave properly, the best ways to
handle practical problems they are likely to have, and how to deal with
situations in daily life, family life, marriage and employment.
Prisoners who serve their sentences and are released are principally
returned to where they used to live before they were imprisoned or where
their immediate family lives. Society helps them settle down through
various channels on many levels and in a number of forms. Those few who
have no home to return to and are willing to stay on and accept employment
are allowed to live in their former reform-through-labour institution.
The Joint Notification on Settling of Convicts Released from
Imprisonment of May 1983, issued by the relevant departments of the State
Council, provides a legal basis for the resettlement of released convicts.
Following are the major points.
--- For a prisoner who has retained employee status during the term of
imprisonment, resettlement is the responsibility of the former work unit.
--- For a prisoner who was dismissed or had his or her name removed
from the payroll of the original work unit, but did well in
reform-through-labour, before the prisoner's release the
reform-through-labour institution is to recommend him or her to be rehired
at the former work unit.
--- Someone who was jobless when arrested or is no longer suitable in
some way to return to his or her former work unit is to be treated the
same way as an ordinary person waiting for employment. In accordance with
current employment policies, the labour department or neighbourhood
committees in the city or town where the prisoner is released is to take
positive steps to resettle the reformed criminal.
--- Someone who was in school when arrested is to be allowed to return
to that school or go to a higher level school.
According to a random survey taken in several large cities, the
settlement rate of released prisoners in Beijing from 1983 to 1990
averaged 83.4%, peaking at 90.2% in 1988. The average settlement rate in
Shanghai was 79% from 1982 to 1986, 42.6% finding jobs in state or
collective enterprises, 26.9% becoming self-employed and 9.5% finding
other types of employment. In Tianjin, the average settlement rate in
recent years was 85%.
In order to solidify the successful reform of released prisoners and
prevent them from returning to crime, local governments coordinate the
efforts of the relevant departments, society at large and the prisoner's
own relatives and friends in supplementing the assistance, education and
protection provided for them. For those who have a work unit, the factory
or enterprise contacts the trade union, the youth league or workshop to
set up an assistance group to help them. Those who have no work unit are
the responsibility of neighbourhood committees and relevant departments.
Township or village authorities are responsible for those who settle in
rural areas, designating specific people to help them. Those who conduct
themselves well are promtly commended and encouraged to make more
progress; those who have made mistakes are given sincere help and advice.
Those who seem to be returning to crime are continually advised of the bad
consequences of such actions in an attempt to re-educate them with reason.
On March 2nd, 1991, the Standing Committee of the National People's
Congress passed the Decision on Strengthening the Multifaceted Approach to
Public Security. It clearly stipulates that efforts to educate, rescue and
reform law-breakers and criminals are to be strengthened, and that
released convicts are to be appropriately settled to reduce the chance of
their breaking the law again.
In June, 1990, the first Working Committee for the Care of the Next
Generation was set up in China, with assistance, education and protection
of juvenile deliquents as one of its tasks. Such committees, composed
mainly of senior cadres, teachers and workers, have one by one been
established in many regions, with about one million senior cadres across
the country now involved in this work.
As a result of the implementation of these laws, policies and measures, the rate of recidivism among prisoners released in China is fairly low. Many areas and work units have experienced no recidivism at all for as long as ten or more years. Take for example, the Hongshu Housing Construction Team in the Yuexiu District of Guangzhou, founded in 1979. It has employed 178 juvenile deliquents and released prisoners since its founding, including 15 who became store managers, leaders of construction teams or chairmen of a trade union and 118 who have been commended by provincial, municipal, district or neighbourhood authorities. For over ten years they have not had a single case of a juvenile deliquent or reformed prisoner going back to crime.
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