中国改造罪犯的状况
Criminal Reform in China
中华人民共和国国务院新闻办公室
Information Office of the State Council Of the People's Republic of China
一九九二年八月·北京
August 1992, Beijing
目 录
Contents
前言
Foreword
一、 中国改造罪犯的基本原则
I. China's basic principles of criminal reform
二、 依法保障罪犯的权利
II. Guaranteeing the rights of criminals
三、 对罪犯的劳动改造
III. Reform of criminals through labour
四、 对罪犯的法制、道德、文化和技术教育
IV. Legal, moral, cultural and technical education of criminals
五、 对罪犯的感化
V. Changing criminals through methods of persuasion
六、 对罪犯的依法文明管理
VI. Humane handling of prisoners in accordance with the law
七、 对罪犯的刑罚执行
VII. Carrying out the punishment of criminals
八、 对刑满释放人员的就业安置与教育保护
VIII. Employment, resettlement, education and protection for convicts who have served their term and been released
前 言
Foreword
同犯罪现象作斗争，是当代世界各国共同面临的重大社会问题；将罪犯改造成为守法公民，是社会文明与进步的重要任务。微博@高斋翻硕 公众号:高斋翻译学堂
Combating crime is a major social issue confronting every country in the modern world. Reforming criminals into lawabiding citizens is important for the survival of a civilization and the advancement of a society.
中国有11亿人口，是世界上人口最多的国家。尽管由于人民政权采取了发展经济和维护社会稳定的一系列措施，犯罪案件的发案率大大低于世界平均水平，但每年仍然有不少犯罪事件发生，有数以万计的人被司法机关依法定罪。依照法律惩罚和改造罪犯，在中国仍然是一项艰巨的工作。
With a population of 1.1. billion, China is the most populous country in the world. Its crime rate is nevertheless much lower than the world average due to a series of measures adopted by the political power of the people to stimulate growth in the economy and maintain social stability. In spite of this, many crimes still take place every year, with tens of thousands of people convicted by organs of justice according to the law. The lawful punishment and reform of criminals remains an arduous task in China.
把罪犯改造成能够遵守法律、自食其力的新人，并让他们回归社会成为自由公民，是中国改造罪犯的基本目标。新中国曾将包括末代封建皇帝和战争罪犯在内的大多数罪犯成功地改造为无害于他人、有益于社会的守法公民，从而维护了中国的社会稳定、经济发展和国家安全，有效地保障了中国公民的权利。中国改造罪犯的工作取得了巨大的成就。
微博@高斋翻硕 公众号:高斋翻译学堂
China's basic goals in criminal reform are to turn offenders into a different kind of person, one who abides by the law and supports himself or herself with his or her own labour, and to re-establish these people as free citizens in society. China has been successful in reforming the majority of its criminals, including the last feudal emperor and various war criminals, turning them into unoffensive, socially-beneficial, law-abiding citizens. This has safeguarded the country's social stability, economic development and national security, at the same time effectively protecting the rights of its citizens. China has been hugely successful in efforts to reform its criminals.
中国在长期的实践中，确立了改造罪犯的原则、政策和法律，这是社会主义法制建设的一项重要内容，把中国改造罪犯的情况介绍出来，将有利于世界公众更好地了解具有中国特色的社会主义。
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.
一、中国改造罪犯的基本原则
I. China's Basic Principles of Criminal Reform
人是可以改造的。绝大多数罪犯也是可以改造的。把消极因素化为积极因素，把罪犯改造成为有利于社会的人，这是符合马克思主义解放全人类的伟大理想的。根据这一认识，中国对于罪犯不是单纯进行惩罚，而着重于改造和转化。因而中国对于罪犯，即使是罪行严重的罪犯，历来坚持实行少杀的法律和政策。微博@高斋翻硕 公众号:高斋翻译学堂
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.
中国在改造罪犯的实践中注意贯彻人道主义的原则。对罪犯不仅保障应有的生活条件，更尊重人格，禁止侮辱。中国法律对罪犯在服刑期间应享受合乎人道的物质生活待遇和监狱、劳改场所管理人员必须对罪犯实行文明管理，都作了明确的规定。
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.
中国严格保障罪犯应有的权利。中国法律规定了罪犯在服刑期间未被法律限制的各项公民权利。从罪犯收押，到刑满释放整个过程，对罪犯应享有的权利，都有具体的法律规定。中国法律禁止监管工作人员虐待被监管人的行为，被监管人也依法享有控告的权利。对监管工作人员的渎职犯罪，法律明确规定应给予刑事制裁。微博@高斋翻硕 公众号:高斋翻译学堂
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.
中国对罪犯的改造贯彻以教育为主的原则。为了对罪犯实行改造，中国十分重视通过劳动和法制、道德、文化、技术教育，促使罪犯从被迫服刑转向自觉改造，摒弃以罪恶手段达到个人欲望的思想，树立尊重别人、爱护社会的观念，获得劳动就业技能，成为遵纪守法的公民。
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.
中国注重对罪犯的感化工作。为此，在对罪犯的改造中，中国实行国家专门机关与社会相结合的办法。对罪犯的改造工作主要由国家的劳动改造机关承担，在监狱、劳改场所执行。同时，在中国社会主义制度下，改造罪犯的工作得到全社会的广泛关注与大力支持。社会各部门、各阶层对改造罪犯工作的支持和配合，贯穿在对罪犯改造的全过程，并且延续到罪犯刑满释放后的安置和就业。微博@高斋翻硕 公众号:高斋翻译学堂
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.
由于上述原则的贯彻，中国改造罪犯的实践取得了显著的成就：
Due to the implementation of the above-mentioned principles, China has met with great success in criminal reform.
——中国成功地改造了战争罪犯。中国对日本侵华战犯，伪满洲国战犯，国民党战犯，乃至封建清王朝的末代皇帝，没有一人被判处死刑。经过改造，一千多名原日本战犯经宽大释放回国后，绝大多数积极参加反战、和平和促进中日友好的活动；伪满洲国战犯和国民党的战犯，其中包括末代皇帝溥仪，经特赦释放后，成为守法公民并且为国家和人民尽力作了一些贡献。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——中国是世界上重新犯罪率最低的国家之一，多年来一直保持在6%至8%的水平；而西方一些发达的国家的重新犯罪率，少则20%、30%，有些高达50%、60%以上。
--- 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.
——中国每年经法院审判的犯罪案件约有40余万件，刑事案件的年发案率为2‰左右，是世界上最低的国家之一。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
重新犯罪率和刑事案件发案率的高低，都是衡量一个国家改造罪犯成效的主要标志。中国改造罪犯的这些成就，证明了中国改造罪犯的原则与政策、法律与制度的正确。
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.
中国是发展中国家，中国改造罪犯的条件和环境还受到经济和社会发展水平的限制。随着中国社会主义现代化建设的发展和法制建设的不断完善，中国改造罪犯的工作将达到新的水平。微博@高斋翻硕 公众号:高斋翻译学堂
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.
二、依法保障罪犯的权利
II. Guaranteeing the Rights of Criminals
中国法律规定，罪犯的服刑期间应有的权利受到保护，不容侵犯。
According to Chinese law, a criminal's due rights during his or her prison service are protected and may not be violated.
在半封建、半殖民地的旧中国，监狱是封建、官僚、买办阶级屠杀、残害革命者和被压迫人民的工具。四十年代，美蒋特务在中国重庆的渣滓洞、白公馆对革命志士任意施以酷刑和秘密处死的残暴罪行，中国人民至今仍记忆犹新。在旧中国，即使是普通刑事犯人，他们的待遇也是十分恶劣的。新中国成立以后，人民政府建立了新型的社会主义监狱，把犯人当人看待，尊重他们的人格，保证罪犯的人身安全，给予充分的人道主义待遇。微博@高斋翻硕 公众号:高斋翻译学堂
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.
根据中国现行法律，罪犯在关押期间主要享有下列权利：
In accordance with the current laws of China, the main rights of criminals while they are in custody include the following.
——罪犯对人民法院的判决有申诉的权利，1990年和1991年，中国法院各受理这类申诉4万余件；罪犯在服刑期间被指控又犯新罪，有权在刑事诉讼过程中为自己辩护或委托他人代理辩护。
--- 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.
——罪犯有在任何情况下人格不受侮辱、人身安全不受侵犯的权利。对监管工作人员刑讯逼供、体罚虐待等违法行为，罪犯有向人民检察院、人民法院、人民政府或其他机构揭发和控告的权利。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——没有被剥夺政治权利的罪犯，有依法行使选举的权利。
--- Criminals who have not been stripped of their political rights have the right to vote according to law.
——罪犯有对监狱、劳改场所的管理、教育、劳动生产、文化娱乐、生活卫生等工作提出合理化建议的权利。
--- 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.
——罪犯有维持正常生活的权利，他们的吃、穿、住、用等物质生活条件由国家予以保障。罪犯人均生活设施面积在5平方米以上，监舍力求坚固、整洁、保暖、通风。据统计，1990年，罪犯平均每人每月实际消耗粮食22.75公斤，蔬菜20至25公斤和相当数量的猪、牛、羊肉食及鱼、禽、蛋、豆等副食。罪犯每人每天从食品中摄取的热量为2952千卡。全国不同地区的罪犯年平均生活费650元左右，接近当地居民平均生活标准。
--- 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.
——罪犯有维持身体健康的权利，罪犯享受免费医疗，每年定期接受健康检查，生病得到及时诊治。患有严重疾病的罪犯，有依法获得保外就医的权利。怀孕或正在哺乳自己婴儿的女罪犯，享受监外执行的待遇。对于患有疑难病症的罪犯，监狱、劳改场所均邀请社会上的医学专家会诊或送社会医院诊治。到目前为止，中国劳改系统已形成由省中心医院，监狱、劳改场所医院，基层医务室组成的三级医疗卫生网络，有各类卫生机构2944个；罪犯每千人拥有医师数为3.54，每千人拥有医院病床数为14.8，均高于全国平均水平。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——罪犯有与亲友通信，定期接见亲属的权利。监狱、劳改场所设有专门接见室供罪犯与家属见面使用。罪犯与家庭产生误会或发生矛盾以至家属不来探视或中断通信联系时，劳改机关尽可能从中调解、疏通。
--- 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.
——罪犯有受教育的权利。中国劳改机关为罪犯受教育创造了必要的条件，罪犯可以根据自己的文化程度接受正规的小学、初中教育，有条件的还可接受高中及高等教育。同时还可受到职业培训，为回归社会、自食其力打下基础。罪犯可以阅读报刊书籍、听广播、看电视，了解国内外大事，与外部社会保持一定联系。微博@高斋翻硕 公众号:高斋翻译学堂
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.
——罪犯有信仰宗教的权利。中国政府允许信教的罪犯在押期间保持原有的宗教信仰。
--- 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.
——罪犯享有财产、继承等方面的民事权利。罪犯入狱前的合法财产，依法受到保护，罪犯有行使收益、处分的权利。罪犯依法享有继承权。罪犯在服刑期间的发明权、著作权，均受法律保护。罪犯有提出离婚的起诉权和不同意离婚的答辩权。
--- 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.
——中国政府对未成年犯、女犯、老弱病残罪犯以及少数民族罪犯、外籍罪犯，在充分考虑他们的生理、心理、体力和生活习惯等方面特点的前提下，在生活、管理、劳动等方面给予不同于其他罪犯的特殊待遇。未成年犯关押在少年管教所。少管所贯彻“以教育改造为主，轻微劳动为辅”的方针，劳动属于习艺性质。监狱、劳改场所为有特殊饮食习惯的少数民族罪犯设有专门食灶。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——罪犯在服刑期间表现好的有获得依法减刑、假释的权利。
--- A prisoner may have his sentence reduced for good behaviour or be released on parole according to law.
为了保障罪犯的合法权利，中国的立法机关和政府制订了相应的法律和规定；监管工作人员必须经过专门的法律和业务知识的培训，合格后方能上岗工作；严禁对罪犯施加酷刑、侮辱和打骂虐待。如果发生体罚虐待罪犯的违法行为，要严肃处理，直至追究刑事责任，即依照中国刑法的规定，对于体罚虐待罪犯情节严重构成体罚虐待被监管人罪的，由人民法院依法判处刑罚。1990年和1991年共有24名监管工作人员因此被判处有期徒刑。人民检察院在监狱、劳改场所设立常驻检察机构，对劳改机关的执法活动进行监督，依法保障罪犯的申诉权、控告权和检举权；各级人大代表、政协委员不定期视察监狱、劳改场所，检查执法情况。如1991年，全国政协、北京市政协共有30余位委员，先后4次视察北京市第一监狱，检查那里的执法工作情况。
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.
与此同时，罪犯必须履行法律所规定的义务，这些义务是：遵守国家的法律法规和劳改机关统一制订的监规纪律；服从监管工作人员的管理教育；积极参加生产劳动；接受思想、文化、技术教育；爱护国家财产，保护公共设施；讲究文明礼貌，遵守社会公德；检举违法犯罪活动；增强组织纪律性，参加集体活动；联系犯罪实际，按受改造等。微博@高斋翻硕 公众号:高斋翻译学堂
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.
三、对罪犯的劳动改造
III. Reform of Criminals through Labour
中国组织罪犯从事有益于社会的生产劳动，这是中国对罪犯实行惩办与改造相结合原则的重要内容。中国改造罪犯的实践证明，这一做法是卓有成效的。微博@高斋翻硕 公众号:高斋翻译学堂
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.
从事有益于社会的生产劳动，对于罪犯有着特别而重要的意义。第一，通过生产劳动，使罪犯了解社会财富来之不易，可以培养其热爱劳动、习惯劳动的思想，树立“不劳动不得食”的观念，矫正好逸恶劳、贪图享受等恶习；同时在劳动中可以培养其社会责任感和遵纪守法的精神。第二，组织他们从事适宜的劳动，可以增强体质，保持健康，避免在单纯的监禁中，长年无所事事，导致他们心情压抑、意志消沉、精神颓废，甚至萌生逃跑、自杀和重新犯罪等念头。第三，通过生产劳动使罪犯尽可能地掌握一种或几种生产技能及知识，可以为刑满释放后的就业谋生创造条件。防止他们因恶习不改或生活无着落而重新犯罪。第四，组织罪犯从事与正常社会条件和形式相同或相近的劳动，可以培养罪犯与他人或社会组织的协调和合作精神，使之在回归社会后能够尽快地适应社会环境。
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.
把劳动作为对罪犯进行改造的一种手段，是世界许多国家通常的做法。许多国家的法律以及联合国的文件都对组织囚犯从事生产劳动提出了明确的要求。
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.
中国的法律规定，凡是有劳动能力的罪犯，必须参加劳动；经过医生检查没有劳动能力和不宜参加劳动的老、弱、病、残罪犯不参加劳动。据1990年的统计，不参加劳动的犯人约占10%左右。中国政府反对将劳动作为惩罚罪犯的手段，反对用繁重的劳动折磨、虐待罪犯。微博@高斋翻硕 公众号:高斋翻译学堂
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.
将劳动作为改造罪犯的手段而不是作为惩罚罪犯的手段，在中国改造罪犯的实践中得到贯彻执行。
China faithfully practices the use of forced labour as a reform method rather than as a method for punishment.
——中国对组织罪犯从事生产劳动作出了一系列法律规定，在劳动时间，节、假日的休息，粮油、副食品的供应以及劳动保护和保健等方面，享受与同类国营企业相同的待遇。
--- 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.
——通过教育手段使罪犯由开始的被迫劳动逐渐过渡到自觉劳动。罪犯刚入狱时，有的没有劳动习惯，有的鄙视劳动，因此参加生产劳动多少都带有被迫的性质。对此，中国劳改机关不是采取粗暴的强迫手段，而是反复对罪犯进行从事生产劳动意义的教育，说明鄙视劳动的可耻，并在劳动的安排上，从他们力所能及的劳动开始，逐渐使他们提高对劳动的认识，培养对劳动的兴趣，从而逐渐过渡到自觉参加劳动改造。中国清王朝最后一个皇帝爱新觉罗·溥仪在转到中国监狱时连穿衣脱袜都要人服侍，通过中国监狱的耐心教育和细心安排后终于能够自觉地参加劳动改造。他认为，这对把他从一个罪犯改造成为有益于社会的人起到了很大的作用。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——中国劳改机关除对不适宜参加生产劳动的罪犯免除劳动外，监管工作人员还随时调查、了解罪犯的身体状况，安排与罪犯身体承受能力相适应的劳动。女犯参加适合其生理、心理特点的劳动。少年犯只安排习艺性的劳动，实行半天劳动、半天学习的制度。
--- 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.
——在劳动改造中，为罪犯提供文明、安全的劳动条件。在劳动保护和保健方面，中国每一个监狱、劳改场所都建有专门的安全制度和必要的安全设施，并配有专门的安全员经常进行监督、检查。监狱、劳改场所的安全、卫生、通风、光线等条件，都有明确的规定，并纳入劳改机关的工作考核内容之中。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——中国强调要让罪犯在劳动改造中学会和提高生产技能，使罪犯看到重新做人的希望，将罪犯改造成为对现代化建设有用的新人。帮助罪犯学会和提高生产技能是中国劳改机关的一个重要考核指标。这对绝大部分罪犯在刑满释放之后都能够迅速就业，安心工作，避免重新犯罪起了重要作用。
--- 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.
——对有一技之长的罪犯，中国劳改机关鼓励他们发挥特长为社会作出贡献。在中国，罪犯在管理部门的帮助下成为技术能手、生产骨干的事例是相当多的，成为发明家、艺术家的也不乏其例。河北省第一监狱罪犯毛某在劳动改造中创造了三项重要发明，并获得了国家的专利，受到了社会的好评，同时得到依法减刑的奖励。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
四十多年来，中国对罪犯的劳动改造在实践中创造了许多有益的经验。许多在押罪犯在劳动改造的过程中除掉了入狱前的恶习，树立了正确的人生观，培养了尊重他人、尊重社会、遵纪守法的良好习惯。许多罪犯由于在劳动改造过程中表现突出，依法获得减刑、假释；一些罪犯在刑满释放回归社会后，成为企业的生产骨干、工程师、厂长、经理，有些还当上了先进生产者、劳动模范。中国在劳动改造罪犯中的这些成绩受到了国际社会中有识之士客观公正的评价和称赞。
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.
在中国，组织罪犯生产劳动所生产的产品主要是满足中国劳改系统内部的需要，只有一部分通过正常的渠道进入国内市场。劳改中的生产收入主要用于改善犯人的生活，维持再生产和完善其他与犯人有关的集体生活设施。这对减轻国家和人民的负担起了很好的作用。中国劳改系统的生产分两部分，一部分是罪犯劳动改造的生产，另一部分是劳改系统的工人、家属从事的生产。这两个部分是性质完全不同的，不能混淆。据1990年统计，中国劳改系统罪犯生产的年产值仅25亿元人民币，约占当年国家工农业生产总值的0.8‰。近些年来，西方一些人宣扬“中国劳改生产是中国国民经济的支柱”，与事实完全不符。
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.
中国禁止劳改产品出口。中国的主管部门从来没有批准给予任何劳改单位以出口商品的经营权。1991年10月10日，中国经贸部、司法部又联合发出《关于重申禁止劳改产品出口的规定》。中国政府在这方面的做法是严肃的、认真的，对违反规定的，一经发现，即严肃处理。微博@高斋翻硕 公众号:高斋翻译学堂
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.
四、对罪犯的法制、道德、文化和技术教育
IV. Legal, Moral, Cultural and Technical Education of Criminals
中国法律规定，罪犯的劳动改造必须同法制、道德、文化、技术教育结合起来。罪犯一般年纪较轻，文化程度偏低，法律意识差，这使得帮助罪犯摆脱愚昧，增强法律意识和道德观念，提高文化水平和劳动技能，成为改造工作的重要任务。为此，中国劳改机关在实践中创造了开办特殊学校这一具有中国特色的改造罪犯的形式。微博@高斋翻硕 公众号:高斋翻译学堂
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.
中国政府从1981年开始把在押罪犯的教育纳入国民教育计划，要求有条件的监狱、劳改场所均应设立专门的教育机构，建立完备的教育制度，使对罪犯的法制、道德、文化和技术教育正规化、系统化。截止1991年底，全国监狱、劳改场所已办成特殊学校的占总数的72.82%。
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.
劳改机关对罪犯进行法制、道德教育，重点是进行认罪服法、道德修养和人生观教育。目的是使罪犯知法、守法、服法和提高道德水平。微博@高斋翻硕 公众号:高斋翻译学堂
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.
法制教育主要是组织罪犯学习《宪法》、《刑法》、《刑事讼诉法》、《民法通则》、《民事诉讼法》等法律，以使其了解公民的基本权利和义务、犯罪的刑事责任等刑法的基本内容、刑事诉讼制度，以及关于婚姻、家庭、人身和财产权利等民事基本法律。在此基础上使他们分清合法与违法行为的界限、犯罪行为与非犯罪行为的界限，充分认识犯罪行为的危害性和法律责任，从而认罪服法，自觉接受改造。
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.
道德和人生观教育主要是抓住与罪犯切身利益最为密切的问题，如理想、幸福、良知、苦乐、荣辱、前途、婚恋、家庭等问题，教育他们懂得什么是正确的社会公德和价值观念，从思想上划清光荣与耻辱、文明与野蛮、高尚与卑劣、美好与丑恶的界限。同时密切联系本人的情况，总结他们犯罪的教训，进行个别的、有针对性的教育，有效地转化罪犯的思想。
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.
据1991年统计，罪犯中参加法制、道德教育的占98.92%。在贵州某劳改场所改造的罪犯梅某，服刑期间认真接受法制、道德教育，自觉地矫正自己的恶习，刑满释放后遵纪守法、靠劳动致富，受到群众的信任，当选为文明村的村长、乡人民代表、县政协委员。
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.
对罪犯进行文化知识教育以扫盲和普及初中教育为主，同时鼓励文化程度较高的参加社会上开办的函授大学、业余大学、电视大学等学习。微博@高斋翻硕 公众号:高斋翻译学堂
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.
为做好对罪犯的文化知识教育，中国劳改机关定期对罪犯的实际文化程度进行测验，分年级编班并设置与社会教育相应的课程。要求初中文化程度以下的罪犯一般都要参加文化学习。
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.
监狱、劳改场所设立的特殊学校的校长由监狱、劳改场所的主要负责人兼任，此外还设有教导主任、教研室，每个学期每个年段都有教学计划和教学大纲。罪犯每天学习2小时左右，每星期学习12课左右。特殊学校配有的专职教员中，有一些是从文化程度较高的罪犯中选任的。罪犯微博@高斋翻硕 公众号:高斋翻译学堂
参加文化学习，经当地教育部门考试合格的，可获得与社会教育机构同等效力的学历证书。
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.
据统计，1991年底，全国监狱、劳改场所共开办各种文化学习班1.2万余个，参加文化学习的罪犯达51.8万余人，入学率占应参加学习的92.35%，其中参加刊授大学、函授大学、业余大学、电视大学学习的5300余名，参加高等教育自学考试的4000余名。近6年来，获得各类文化结业、毕业证书的累计达90.2万余人次。山东省第三监狱在罪犯中开展正规文化教育三年，文盲比例由占罪犯总数的17.6%下降到1.3%，小学以下文化程度者由65%下降到5.3%，初中以上文化程度者有较大幅度的上升，刑满释放人员的重新犯罪率降至1.9%。沈阳市有一位青年，曾因参加盗窃集团被判刑，服刑期间，他认真接受改造，积极参加劳改场所组织的文化学习，出狱后不仅考上了大学，后来还考取了哈尔滨工业大学研究生，取得硕士学位。
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.
技术教育是中国对罪犯实施教育改造的一项重要内容。据1991年统计，罪犯中已有56.1万余人参加各类技术培训班，占应接受技术教育犯人的83.18%。累计有54.6万余人次经社会劳动部门考核合格，获得技术等级证书。微博@高斋翻硕 公众号:高斋翻译学堂
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.
为了加强对罪犯的技术教育，监狱、劳改场所设有技术教研室、教室、实验室，农业单位设有试验田。对罪犯无偿提供各种技术教育的教材和资料。教员一般由劳改机关的工程技术人员和农艺师等担任，同时也根据需要邀请社会上的技术人员或院校的教师讲课。根据罪犯刑满后的不同去向和社会需要，重视开展一些实用性强、周期短、见效快的综合职业技术培训。如家用电器维修、剪裁缝纫、烹饪、理发、家禽饲养、木工、瓦工、电工、农具维修等，使罪犯在服刑期间掌握一种或几种技能，为刑满就业创造良好的条件。山东省济南某劳改场所对近几年学有专长的720名刑满释放人员进行了调查，其中有96%的人回归社会后很快被当地安置就业，有的回原单位工作，有的被社会企业聘为技术骨干，还有开办家庭副业、建筑业或其他服务行业，成为遵纪守法的个体户和专业户。辽宁省凌源某劳改场所对124名在监内取得技术等级证书的刑满释放人员进行调查，出狱后不仅全部有了工作，而且无一人重新犯罪。
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.
对罪犯进行系统的法制、道德、文化、技术教育，致力于把监狱、劳改场所办成教育人、改造人的特殊学校，这是中国劳动改造工作的一项重要改革，也是中国社会主义法制建设的新发展。实践证明，这是提高改造罪犯质量，促进社会治安良性循环的有效途径，已成为具有中国特色的一项司法制度。微博@高斋翻硕 公众号:高斋翻译学堂
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.
五、对罪犯的感化
V. Changing Criminals through Methods of Persuasion
对罪犯的感化是中国改造罪犯的重要内容。中国劳改机关主要采取了以下几种做法：
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.
——中国的监狱、劳改场所积极开展有益的文化、娱乐、体育活动，为在押罪犯创造一种积极向上的改造氛围。
--- 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.
监狱、劳改场所均设有图书室、阅览室，备有政治、文化、文学、科技等书籍和各类报刊，供罪犯阅读，同时允许罪犯自费订阅报纸、杂志。监狱、劳改场所还经常组织有学习能力的罪犯开展文艺创作、新闻写作、读书、演讲、征文比赛等活动。
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.
相当多的监狱、劳改场所还组织罪犯参加学习书法、绘画等习艺性活动，配备了专门教师、画室、作画工具及原材料。有的还请社会上的教师到监狱指导。上海市监狱从1983年以来，每年举办一期在押罪犯的习美作品展，每次展出二、三百件。1990年秋，在北京的博物馆举办了有700多件由在押罪犯创作的美术作品展，内容涉及书法、篆刻、素描、油画、国画、水粉画、泥塑、石刻、玉雕、木雕、根雕、蜡染、刺绣、编织、剪纸等，在社会上引起了极大反响。微博@高斋翻硕 公众号:高斋翻译学堂
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.
不少监狱、劳改场所都有由罪犯组织的艺术团，自编自演文艺节目。有些还经常组织罪犯开展体育活动，举行篮球、乒乓球、拔河及各种棋类比赛。
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.
为活跃罪犯的生活，教育改造罪犯，中国的监狱、劳改场所办有“三报”：劳改报、黑板报、墙报。这些报由监管工作人员负责，由罪犯自己撰稿、编辑、抄写、刻印。目前，狱内劳改报的发行量为22.4万份。这些富有知识性、趣味性的监内报，被罪犯称为“改造路上的良师益友”。微博@高斋翻硕 公众号:高斋翻译学堂
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".
——中国十分重视监管工作人员对在押罪犯的言传身教作用。
--- 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.
中国要求监管工作人员具有较高的思想道德水准和文化知识，在日常工作中以其文明的言谈举止引导、启发罪犯。尤其是对青少年罪犯，要求监管工作人员要象父母对待子女、医生对待病人、教师对待学生那样真诚地、耐心地、细致地做好教育、感化、挽救工作。监管工作人员在做工作时，有时要找罪犯谈话上十次、几十次，甚至上百次，以关怀备至之情打动罪犯。罪犯在家庭、婚姻等方面遇有特殊困难，劳改机关与社会联系，尽力帮助解决。
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.
——社会组织积极参与帮助、教育、感化罪犯的工作。
--- Organizations in society actively participate and help in reforming criminals through education and persuasion.
这是中国改造罪犯的一个重要特色。实践证明，这一做法是相当成功的，中国的各级党委、政府部门的领导人，人大代表、政协委员，工会、共青团、妇联和司法机关的负责人，社会知名人士、英雄、劳动模范，老干部、老教师、老工人、老艺术家等，到监狱、劳改场所给罪犯作报告，讲形势，谈理想，提希望，使罪犯感受温暖，看到光明前途。有的还组织受害者到监狱、劳改场所控诉犯罪的危害，使罪犯增加罪责感，进一步认罪悔罪。
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.
劳改机关经常请已改造好的典型人物到监狱、劳改场所现身说法，这对增强在押罪犯的改造信心起了很好的作用。微博@高斋翻硕 公众号:高斋翻译学堂
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.
劳改机关对改造表现比较好的罪犯，在可能的条件下，或组织他们到社会上参观学习，或节假日给假回家与亲人团聚，让他们了解社会的发展情况，使他们感到自己仍是社会的一员，争取尽早回到社会，参加国家的现代化建设。
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.
——劳改机关积极发动在押罪犯的家属参与对罪犯的感化工作。
--- Reform-through-labour institutions actively encourage family members of prisoners to take part in the persuasion process.
监狱、劳改场所除执行正常的探监规定外，遇有罪犯思想波动时，邀请罪犯家属到监狱、劳改场所进行规劝。对来监探望罪犯的亲属，监管工作人员主动介绍罪犯的思想、表现，有时还组织参观罪犯监舍、劳动场所，请他们协助做罪犯的思想工作。
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.
劳改机关对罪犯的感化，得到了多数罪犯真诚的响应。
The reform of criminals through persuasion by reform- through-labour institutions has received a sincere response from most prisoners.
1990年4月26日18时，6.9级强烈地震将青海省第十三劳改支队的建筑物瞬间震为废墟。因监房建筑较坚固，罪犯中无人死亡或重伤。在余震不断，没有照明的情况下，罪犯没有一人逃跑，而是积极投入到紧张的抢险救灾中，共救出职工及家属118人。事后，115名罪犯受到依法减刑、假释的宽大处理，169名罪犯受到记功、表扬。微博@高斋翻硕 公众号:高斋翻译学堂
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.
六、对罪犯的依法文明管理
VI. Humane Handling of Prisoners in Accordance with the Law
中国监狱、劳改场所内的行政管理的基本原则是依法文明管理，即在管理活动中，尊重罪犯人格，给他们以人道主义待遇，坚决禁止有辱罪犯人格的做法，充分发挥管理在改造罪犯中的约束、矫治、激励和引导作用。微博@高斋翻硕 公众号:高斋翻译学堂
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.
为了让新入狱的罪犯详细了解其法律地位和权利、义务，熟悉监区环境，为服刑改造奠定基础，新收押的罪犯都要送往入监队进行1至2月的监规纪律和有关法律、法规的学习，以消除新犯通常的消极对抗和恐惧心理，让其能够自然地与监管工作人员接触并交流思想。
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.
监狱、劳改场所内的行政管理涉及罪犯日常活动的各个方面，为了防止监管工作人员工作中的盲目性和随意性，规定了罪犯的日常行为准则和考核、奖惩的条件、程序等，并向罪犯公开宣布。监管工作人员的各项工作必须严格遵循这一法规。监管工作人员对罪犯的改造表现要进行记载，定期分析、汇总，对改造表现突出的及时给予表扬、记功，并在生活和监内活动等方面给予较优惠的待遇；对符合条件的，及时报请人民法院依法减刑或假释，以充分调动罪犯的改造积极性，在监内树立积极改造的风尚。微博@高斋翻硕 公众号:高斋翻译学堂
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.
劳改机关要求监管工作人员深入了解罪犯的各项日常活动，组织罪犯劳动、学习，开展个别教育和谈心活动，重要节、假日还与罪犯共同进餐，参加罪犯的文娱、体育活动，使罪犯与监管工作人员之间形成彼此的情感联系和心理感应，尽可能消除罪犯与监管工作人员之间可能存在的排斥和消极对抗心理。这些管理措施是十分有效的，中国监狱、劳改场所很少发生罪犯袭击监管工作人员和破坏监管设施的事件。微博@高斋翻硕 公众号:高斋翻译学堂
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.
对少数严重违犯监规纪律，抗拒改造的罪犯或又犯罪的罪犯，按照监管法规，要予以处罚。对个别严重违犯监规的罪犯给予禁闭下罚时，须经管理工作人员集体研究讨论并报劳改单位主管领导批准，禁闭的期限最长不得超过15天。对被禁闭的罪犯每天放风两次，每次1小时左右，其生活待遇与不参加劳动的罪犯完全相同。
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.
劳改机关对罪犯实行的各种奖励和处罚，受人民检察院的监督，人民检察院对劳改机关不合规定的管理活动，有权随时提出纠正。
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.
七、对罪犯的刑罚执行
VII. Carrying out the Punishment of Criminals
在中国，对罪犯执行刑罚，从收押罪犯之日起，到刑满释放为止，都严格依法办事。
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.
劳改机关收押的罪犯，须是其判决已经发生法律效力的，如果发现法律文书不完备或判决尚未发生法律效力，劳改机关有权拒绝收押。收押新犯必须有医生在场，一律要进行健康检查，对有精神病或患有急性、恶性传染病的，有严重疾病需要保外就医的，怀孕或正在哺乳自己婴儿的妇女，都不予收押。收押罪犯后在3日以内通知罪犯家属，使其家属及时了解罪犯的去向。按照监管法规，大多数罪犯都被允许在他们原居住的地区就近服刑，以便于罪犯家属探视和原单位帮助教育。
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.
依照中国的法律，劳改机关在罪犯的整个服刑过程中，不但及时向有关部门转递其申诉，而且主动地对罪犯的申诉进行分析研究，对判决有可能为错误的，主动转请人民检察院或者原判人民法院处理。微博@高斋翻硕 公众号:高斋翻译学堂
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.
为了有效地调动罪犯的改造积极性，中国法律规定了减刑和假释制度，即罪犯在服刑改造期间，凡经过考核，接受改造、确有悔改或有立功表现，均可依法获得减刑或假释。八十年代初以来，中国劳改机关对罪犯的考核、奖惩普遍实行了计分的办法，即对罪犯的日常改造表现用分数来反映，根据规定的基础分，对积极改造的给予奖分，对有违规违纪行为的给予扣分，并按月公布每名罪犯的奖、扣分情况，罪犯有权对所得分数提出质疑和申辩。劳改机关定期或不定期按照罪犯的综合改造表现，择优依法提请人民法院予以减刑或假释。罪犯本人根据考核办法和公布的得分情况，也可以知道自己获得减刑或假释的机会。为了保证奖罚的公正、合理，还对罪犯的减刑和假释程序作了严格规定。这种考核、奖罚办法大大调动了罪犯接受改造的主动性。据统计，1990年全国在押罪犯中获得减刑、假释的罪犯占在押犯总数的16.83%，1991年为18.35%。
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%.
为了改造那些犯有死罪但还有可能改造的罪犯，中国独创了判处死刑缓期二年执行的制度。《中华人民共和国刑法》第四十三条规定：“死刑只适用于罪大恶极的犯罪分子。对于应当判处死刑的犯罪分子，如果不是必须立即执行的，可以判处死刑同时宣告缓期二年执行，实行劳动改造，以观后效。”依照刑法规定，对于被判处死刑缓期二年执行的罪犯，“在死刑缓期执行期间，如果确有悔改，二年期满以后，减为无期徒刑；如果确有悔改并有立功表现，二年期满以后，减为15年以上20年以下有期徒刑。”从司法实践看，被判处死刑缓期二年执行的罪犯，经过改造后，99%以上都被减为无期徒刑或有期徒刑。对减为无期徒刑的罪犯，在执行期间，如确有悔改或立功表现，还可以减为有期徒刑。微博@高斋翻硕 公众号:高斋翻译学堂
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.
对在监狱、劳改场所内重新犯罪，触犯刑律的，要依法提请人民法院对新罪应处的刑罚和旧罪未执行完毕的刑罚予以数罪并罚。由于绝大多数罪犯接受改造，只有极少数人因重新犯罪而被加刑。据统计，1990年全国在押罪犯中因在狱内重新犯罪而被加刑的只占在押犯总数的0.387%，1991年为0.319%。
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.
对于怀孕或正在哺乳自己婴儿的犯罪妇女及有严重疾病的罪犯，人民法院可判处监外执行。即使是执行中的有期徒刑、无期徒刑的罪犯，患有严重疾病的，也可以保外就医。对未成年犯、老年犯和女犯的保外就医条件适当放宽。据统计，1990年，全国保外就医的罪犯占在押犯总数的1.91%，1991年为1.94%。微博@高斋翻硕 公众号:高斋翻译学堂
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.
劳改机关在罪犯刑满前就做好相应的准备，刑满之日必须依法予以释放，并发给途中足够的路费、伙食费。对有病的，提前通知家属来接或由监狱、劳改场所派人护送。
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.
为了有利于罪犯的改造，中国同世界上多数国家一样，对那些犯罪情节轻微，认罪态度较好，且不致再危害社会的犯罪分子实行缓刑。近年来，中国司法机关依法适当扩大缓刑适用范围。1991年，被判处缓刑的罪犯为6.5万余名。司法实践表明，对这些罪犯实行缓刑，使他们不与家人分离，不失去原有的工作，不脱离正常的社会环境，有利于激发他们接受改造的积极性，有利于社会对他们的教育、感化与改造。微博@高斋翻硕 公众号:高斋翻译学堂
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.
八、对刑满释放人员的就业安置与教育保护
VIII. Employment, Resettlement, Education and Protection for Convicts Who Have Served Their Term and Been Released
中国政府十分重视保护刑满释放人员回归社会的公民权利。中国政府规定，对刑满释放人员不歧视、不嫌弃，做好社会就业安置工作，给他们参加学习、工作、劳动的机会，促使他们走上正路。微博@高斋翻硕 公众号:高斋翻译学堂
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.
中国从长期的实际经验中深知：罪犯刑满释放后个人权利的恢复与保障是重要的，但如果不创造必要条件，帮助刑满释放人员安家立业，避免重蹈复辙，那么，这种个人权利的恢复与保障仍是消极的，不具有真正的积极的社会意义。
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.
中国政府十分注意加强对罪犯刑满释放前的教育。服刑将满的罪犯提前被送往出监队进行管理教育。出监队全面检查其服刑期间的改造状况，并根据检查情况，进行针对性的补课教育，以巩固改造成果。还请当地党政机关、工商、税务、劳动就业等部门的负责人和工作人员向他们系统介绍当前的社会形势、法律政策、就业趋势等，教育他们出监后怎样遵纪守法、妥善处理可能遇到的实际困难，正确对待生活、家庭、婚姻和就业等问题。
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.
刑满释放人员原则上送回原籍、捕前所在地或直系亲属所在地，由社会采取多渠道、多层次、多种形式的办法安置，个别确实无家可归而又自愿留下就业的，由原劳改单位收留安置。微博@高斋翻硕 公众号:高斋翻译学堂
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.
1983年5月，国务院有关部门发出了《关于犯人刑满释放后落户和安置的联合通知》，使刑满释放人员的落户和安置工作有章可循，其主要内容有：
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.
——服刑期间保留职工身份的，刑满释放后由原单位予以安置。
--- For a prisoner who has retained employee status during the term of imprisonment, resettlement is the responsibility of the former work unit.
——已被原单位开除或除名，但改造表现好的，劳改单位在其刑满释放前，向原单位提出重新安排工作的建议。
--- 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.
——捕前无职业或者不符合回原单位安置条件的刑满释放人员，回城镇后和一般待业人员同样对待，由劳动部门或街道，按照现行就业政策积极予以安置。微博@高斋翻硕 公众号:高斋翻译学堂
--- 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.
——原系在校青少年学生，刑满释放后，符合学龄规定，现实表现好并经考试合格，允许他们复学、升学。
--- Someone who was in school when arrested is to be allowed to return to that school or go to a higher level school.
根据几个大城市的抽样调查，北京市刑满释放人员的安置率从1983年至1990年平均为83.4%，1988年达90.2%；上海市1982年至1986年平均安置率为79%，其中安置在国营企业和集体企业的占42.6%，从事个体经营的占26.9%，其他占9.5%。天津市近几年平均安置率为85%。微博@高斋翻硕 公众号:高斋翻译学堂
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%.
为了巩固刑满释放人员的改造成果，预防重新犯罪，当地政府组织有关部门，发动社会力量和家属亲友的力量，加强对他们的帮助、教育和保护。有工作单位的，由厂矿企业组织工会、青年团或车间，成立帮教小组具体落实；没有工作单位的，由街道和有关部门负责；农村的由乡、村负责，落实专人进行帮教。对表现好的及时表扬，鼓励上进；对有缺点错误的，诚恳帮助，以理服人；对有重新违法犯罪迹象的进行反复教育，指明危害，晓之以理。
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.
1991年3月2日，中国全国人大常委会通过了《关于加强社会治安综合治理的决定》，明确规定，要加强对违法犯罪人员的教育、挽救、改造工作，妥善安置刑满释放人员，减少重新违法犯罪。微博@高斋翻硕 公众号:高斋翻译学堂
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.
1990年6月，中国成立了关心下一代工作委员会，其任务之一就是指导对失足青年的帮教与保护。不少地区也相继成立了以老干部、老教师、老工人为主体的关心下一代工作委员会，目前全国共有近百万老干部投身这一活动。微博@高斋翻硕 公众号:高斋翻译学堂
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.
由于推行这些法律政策措施，中国刑满释放人员重新犯罪率是比较低的。不少地区和单位出现了连续几年、十几年没有发生重新犯罪的好典型。例如：广州市越秀区红书房建队从1979年创办以来，先后吸收失足青年和刑满释放人员178人，其中有15人当了商店经理、施工队长、工会主席等领导职务，有118人受到省、市、区、街道表彰，十几年没有一人重新犯罪。
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.
