Prisons in modern times are not limited to only punishing the prisoners but are more importantly granted the mission to reform them and take them back to society. Prisons in China are undergoing humanization reform, which is a challenge and innovation to Chinese traditional conception.
Many phenomena show that China's prisons are becoming "softening" and attempting to be more humane.
In February 2003, Chinese Ministry of Justice selected Heilongjiang, Shanghai, Jiangxi, Hubei Chongqing and Shaanxi six provinces and municipalities for the experimentation of the reform in prisons. On September 1, the reform entered enforcement, marking the beginning of the reform in China's prisons. The reform aims to weaken the prison's function of punishment while strengthen the function of reformation; correct the long-lasting tradition of forcing prisons to labor and improve the new type of rules to ensure the rights of prisoners.
A prisoner surnamed Gao who was sentenced to an imprisonment of two years for "gun-trafficking" had his wedding ceremony held at the detention house at Dagang Branch Bureau of the Public Security Bureau of Tianjin. Several days later, the Public Security Bureau of Wuhan invested over 70,000 yuan establishing a detention site in suburban area especially for the prisoner surnamed Liu who committed for several times robbery and stealing but escaped from punishment by making use of his being an AIDS patient. Recently, Jiangning Prison in east China's Jiangsu Province launched a "psychological consultation on sex" for criminals and put out the policy permitting the couples of the prisoners to "live together at the end of the month" for those prisoners of good performance.
The Prison Bureau of Beijing has long been practicing the regular holiday system for prisoners and ten prisoners in Beijing became the first batch of beneficiaries of this policy. Some prisoners went out of prison to get a reunion with their families for the first time after many years in prison.
Dajun returned to where he lives in Beijing to labor as one of the seventeen prisoners to be "reformed in community" launched in Beijing. From July 1, he started his out-of-prison labor for public benefit instead of his internment in prison. This is the boldest but circumspect practice running in the justice departments in China-"reform in residence", which makes prisoners to serve the rest of their term in communities.
To some experts, the relaxation indicates that the enforcement of imprisonment in China is becoming more humane and scientific.
What do these novel reforms in China's prisons stand for? China Newsweek had an interview with Professor Bai Jianjun with the Law School of Peking University.
China Newsweek: What is your comment on the humanization reform in China's prisons?
Bai Jianjun: In general I think it's positive. First of all, this confirms and pays respect to prisoners' personality. In the past, prisoners were regarded as bad fellows. However, in the light of law, prisoners are but those who've done some wrongdoings. There is no good or bad in law but those who committed something wrong and those who did not. In the past, we took it for granted to control all aspects of prisoners' lives in the most stringent way. Of course, prisoners should pay for their wrongdoings, but this does not mean that they are not human or inferior to others, or they should not be regarded as human beings. Their human dignity should be respected. Therefore, the measures taken represent a number of pleasing changes in social conception.
Secondly, people should pay for their wrongdoings, but there are many ways in doing so. The more humane practices changed the past method, in which the emphasis was merely laid on punishment. The third item of the Prison Law of China stipulates that prison should adhere to the principle of combining punishment with reform and combining education with labor for prisoners and turn them to law-abiding citizens. Punishment is meant for reform. therefore the practice of depriving all the freedom and rights of prisoners may not benefit the reform.
I'm not sure whether these humane practices will be definitely effective in reforming prisoners or make the enforcement of punishment more effective though it is at least a beneficial try.
China Newsweek: We've noticed that these new measures are all taken against the background of the reform in China's prisons. What is the significance of the humanization reform under this circumstance?
Bai Jianjun: First, the function of prisons worldwide is no longer limited to punishing the prisoners but reform them and show them a way of going back to society. Therefore, these reforms agree with the world trend.
Secondly the reforms are also catering to the historical trend of punishment. The history of punishment is just a process in which prisoners are continuously given positive confirmations. In terms of the historical tendency, punishment is always going to be more and more humane.
Thirdly, these reforms are beneficial to correcting the prisoners. To arouse the prisoners' identification of the reform and the institutions through caring for their basic needs may be conducive to their reform. Of course, we should try to avoid the problems possibly arising in operation. For instance, we must avoid illegal conducts such as dealings behind the scenes. The reform is an exploration, a probing process. We should learn from our experience but not popularize it hastily.
China Newsweek: There are two different views on the humanization reform. A point of view takes it as a symbol of the civilization level of the society. The other is that the function of prison is just to punish the prisoners through inflicting miseries on them, and if the prison is too humane, it may lead to the loss of the deterrence force of law. How do you see the two viewpoints?
Bai Jianjun: I think the second one is somewhat doubtful for it is supposed that prisoners suffer no misery after receiving relatively humane treatment this is groundless. Prisoners feel most miserable as they have no freedom. Moreover, prisoners can not receive humane treatment without various kinds of limitations, and this kind of treatment with time and place set and under the watch and arrangement of the prison is itself a kind of misery. For instance, according to the present rules at Jiangning Prison in Jiangsu Province, prisoners allowed to live with their wives at the end of the month must be those qualified for relaxed management. So there are very strict limitations. My point is that the second view sounds reasonable, but is groundless if we weigh it carefully.
China Newsweek: Is there any explicit legal ground for the humanization reform?
Bai Jianjun: Up to now China has no clear legal reference in this aspect. The Prison Law merely stipulates broadly and abstractedly that prisoners' personality allows no insult, but has no clear definition. To what extent the reform is in line with the present law is something in question requiring discussion.
China Newsweek: Does the reform mean that China attaches more importance to human rights?
Bai Jianjun: I think so. This is also an important goal of the present reform in justice and prisons in China. Prisoners are also human beings and should not be regarded as inferior or special or even not as human beings. Therefore, their human rights should certainly be afforded with attention and protection. Except for rights deprived according to law, prisoners should enjoy the rights as ordinary people do.
China Newsweek: In your opinion, in what way should prisoners' human rights be protected in a society with a complete legal system?
Bai Jianjun: The first to be guaranteed is that the prisoners enjoy the most basic rights granted by the constitution. Prisoners should not be deprived of rights except for those as stipulated in law and with no limit. Secondly, we should respect the personality of prisoners. Thirdly, we should impose punishment according to law justly and should not resort to insult, beat or maltreatment of prisoners. We should make efforts to strengthen legislation and improve relevant laws and regulations. In addition, we should introduce advanced experience from abroad.
China Newsweek: How do you see the future of the humanization reform in China's prisons.
Bai Jianjun: I take an attitude of cautious optimism towards it. This is a good thing but we should not carry it through hastily. How prisoners are treated in a country is limited by the historical, traditional, cultural and financial conditions of that country. For instance, the cost of the prison for AIDS-infected prisoners in Wuhan is too high so it is unrealistic for such prisons to be built in those poverty-stricken, drug-stricken areas where there are a lot of AIDS-infected prisoners.
What is more important is that, different from some other countries, prisoners are in Chinese traditional conception, utterly evil and should be punished in the severest way. Under this kind of environment, it is difficult for the humanization reform to be carried out speedily. To change people's misunderstanding, we should make people realize their improper and banal conception thereby making it easier for them to accept the new conception through potent publicity.
(People's Daily December 23, 2003)
