Prisons should keep in touch with social assistance and education organizations, make use of social resources and mobilize social forces to participate in prison vocational and technical education. Changing the pattern of passively accepting social assistance and education in the past requires social organizations to carry out targeted assistance and education activities according to the needs of prisons. Social organizations and groups have incomparable advantages over prisons. First, they understand the needs of society and know what kind of talents the society urgently needs, so as to facilitate targeted training activities; Second, social organizations and groups have a strong faculty, which can provide relatively more technical support to prisons; Third, the relatively close relationship between social organizations, public organizations, enterprises and institutions can help criminals get in touch with work after they are released from prison, consolidate their technical study in prison, and provide criminals with opportunities to make a living, thus improving the educational effect and providing social stability. Judging from the social practice in China, parole and probation are executed by public security organs, all of which are executed outside prison. Even for prisoners, schools outside the prison will enter the prison to assist in the cultural and technical education of social criminals, and do not rely entirely on the prison to complete such work. As far as foreign practice is concerned, social organizations, companies and enterprises have been involved in prison work for a long time. Under the care of social organizations, released prisoners gradually lead a normal social life. Companies and enterprises recruit skilled staff in prisons, and some people with relatively minor crimes and very light penalties provide social services and receive community corrections under the supervision of relevant community personnel. Some countries also implement the system of prison inmates' autonomy. Practice at home and abroad has made it clear that the main body of socialization of execution is not only prisons, but also social groups, companies, enterprises and institutions.
(B) the establishment of commutation and probation system
The design of the trial period of commutation should be reasonable, coordinated with scoring and awards, and basically connected with the assessment period of the next commutation. Don't let criminals have too long unfettered time. If a criminal is always worried that his commutation will be revoked, he will always regulate his behavior, not violate discipline, and actively reform, thus forming the habit of obeying the law, and will consciously abide by the law in society to achieve the purpose of reform. If there is any violation of discipline during the probation period of probation, the sentence shall be reduced in part or in whole according to the violation of discipline, but not all at once, so as to give the criminal a chance to turn over a new leaf. If there is an opportunity to resume commutation during the probation period of probation, the conditions set by it shall be restored. After the probation period expires, the prison will submit the commutation confirmation materials to the court.
(3) Changing the commutation system into a virtual commutation system.
The original judgment of the court should not be changed easily, and it is not serious for the law to change the original judgment easily. Change the current commutation time, reduce the time served in prison or closed prison, and make the commutation range become the range of early release from prison, which is similar to parole, but only the change of penalty execution mode. It is essentially different from the release after the execution of the penalty. It is not a substantial change to the original penalty, but only a change in the execution mode on the basis of additional conditions. Giving criminals an opportunity to adapt to the society in advance without changing their identity and sentence will also play a certain role in building a harmonious society. Taking the time of commutation as a probation period or serving a sentence in a semi-open or open prison, allowing criminals to fully contact the society under supervision or help is conducive to the return of criminals. As the saying goes, "Help the horse and send a ride."
(four) improve the penalty execution system, update the concept.
Due to the influence of traditional penalty concept, vague theoretical understanding, imperfect legislative provisions, concerns of specific law enforcement departments and defects of supervision mechanism, the application rate of non-custodial penalties such as parole and execution outside prison is very low. There are many reasons, but the most important ones are the subjective consciousness deviation of prisons and courts in penalty execution (the existence of the proportional system is the concrete manifestation of this subjective understanding deviation) and the phenomenon that the supervision and management measures are not matched, the work is not implemented enough and out of control during the probation period.
In order to steadily expand the application of non-custodial sentences such as parole and execution outside prison according to law, the following work must be done: First, change the concept of execution, improve ideological understanding, gradually change the traditional concepts and habits of commutation and parole, control the proportion of commutation, and expand the scope of application of parole. The second is to strengthen the analysis and definition of the elements of parole, and improve the accuracy and feasibility of the prediction of "no harm to society" after parole and execution outside prison by using the recidivism prediction scale. The third is to strengthen coordination and communication with courts, procuratorates, public security organs and community correction departments. In particular, strengthen contact with community correction departments. Ensure that the applicable objects of non-custodial sentences such as parole and execution outside prison are effectively supervised and will not endanger society again.
(5) Arrange productive labor reasonably and give full play to the role of labor in transformation.
Labor is an important means to reform criminals. At present, efforts should be made to solve the outstanding problems that some prisons attach importance to economic benefits and neglect social benefits, and realize their return to the reform function. It is necessary to help criminals establish a correct concept of labor, develop good working habits, and learn and master a skill at the same time. The transformation function of labor can not be realized only by coercive means. The key is to make criminals have a positive sense of identity with labor and improve their initiative to participate. If criminals are allowed to work for a long time and beyond physical strength just for the pursuit of economic benefits in prisons, it will not only violate laws and regulations and seriously damage the image of prison organs, but also make criminals feel disgusted, fearful and rebellious about labor, which will seriously deviate from the reform effect. All localities should choose labor projects scientifically, highlight the functions of correction and artistic practice, set labor indicators reasonably, strive to improve the working environment, conscientiously implement labor protection measures, and increase the composition of labor and artistic practice. And give appropriate labor remuneration, so that criminals can see the rewards and benefits of labor, and they can work for themselves after they get out of prison in the future. At the same time, labor remuneration can also solve the short-term source of life for criminals after they are released from prison. Urge criminals to change from forced labor to voluntary labor, so that labor can truly become a means of reform.