明清州县监狱的督查制度

明清州县监狱有多种形式,依其设立是否有典章制度为依据,可粗略划分为正规监狱和非正规监狱两大类。前者由于有章可循、有典可据,所以在设置、设施、管理等方面都比较规范。后者则没有明确的法律依据,是因为某些特殊需要或缘由而设,多是本做它用的场所、设施用于监禁,具有临时性。这些临时性的监狱处于法律和监管的盲区,无论在设立、废止、运行、管理、条件上都有较大的随意性、不确定性。虽然在监管上,无论是正规,还是非正规的监狱都纳入正规管理的范畴,在加强考核、监督的前提下,重视对监狱官吏责任的追究和处罚,但是制度的局限性和弊端也是明显的,不但狱囚生存状况恶化,而且狱政的腐败犹如挥之不去的恶魔,缠绕在州县监狱内外。     

Psychic investment in cruelty: three parables on race and imprisoning the mentally ill

Drawing on ethnographic and activist work in New York, I analyze three contemporary cases of mentally ill people charged violent crimes. State violence against them can be characterized as a differential and differentiated set of racial and gendered practices. The case studies offer something between a parable, a field report, and a cautionary tale of the dystopian tendencies already embedded within the criminal justice system in the United States. Based on these cases, I will argue that despite recent liberal reform, scant evidence suggests any deep shift in the web of agencies that pipe people, especially the mentally ill, into prison and jail, or a shift in the cruel and humiliating practices these agencies embody. For the society to achieve what Du Bois called an abolition democracy, the affective infrastructure and psychic investment in debasing subordinated others would have to be abolished.     

我国新型监狱体制改革的思考和探索

建国以来,我国的监狱管理体制一直沿用"监企社合一"的模式,随着改革开放的深入和市场经济的发展,这种监狱管理模式已经不能完成其所担负的职能,弊端日益显现,监狱体制改革势在必行。监狱体制改革的目标是逐步实现"全额保障、监企分开、收支分开、规范运行",建立公正、文明、廉洁、高效的新型监狱管理体制。     

监狱传统政策目的之检讨——当代监禁思想的理论反思

监狱是人类社会文明的镜子,它既是文明产生的标志,也反映着社会最丑陋的现象。长期以来,监狱承载着一般预防和特殊预防的政策目的,但不断上升的犯罪率和监狱的人满为患促使社会开始反思：监狱能够在多大程度上落实刑事政策目的;监狱面临的现实困境;如何面对、认识和运用监禁刑等等。本文在对监狱所遭受质疑进行全面分析的基础上,对监狱的传统政策目的进行了反思。     

论公安监所深挖

监管场所尤其是看守所,因其监管对象的特殊性而被称为违法犯罪的"信息源"和"资料库",但这座信息库长期以来都未被真正开启。近年来,"侦审合一"、"监所归口管理"等公安职能的调整,使得各地公安监管部门开始思考、探索深挖犯罪等职能,监所深挖工作在全国监管系统迅速开展。监所深挖是新时期公安监所工作的一个重要组成部分,也是一项长期性、综合性的侦查措施和基础性业务工作,应根据其特点和优势,总结监所深挖的一般方法和机制建设。     

Suicide behind bars: trends, inconsistencies, and practical implications

The results of two comprehensive approaches are compared: the nationwide surveys of suicides in U.S. jails by Hayes and the international meta-analyses of suicides in jails and prisons by Fazel et al. Factors are classified as demographic, situational, clinical, and methodical. More than 50% of U.S. jail suicide victims were men, white, unmarried, under 28 years of age, charged with minor or drug-related offenses, and intoxicated with drugs or alcohol. Suicides significantly occurred in isolation. Suicide victims in the international study were significantly (p < 0.001) men, white, married, pretrial, and charged with or convicted of violent offenses. Psychiatric diagnosis, alcohol abuse, taking psychotropic medication, and suicidal ideation were also positively correlated in the international study, but suicide victims were distributed more evenly over age-groups. Results of other studies illustrate the near universality of some findings. Three theories of suicide are briefly discussed.     

State-Owned Enterprises in Less Developed Countries: Privatization and Alternative Reform Strategies

State-owned enterprises (SOEs) have typically played a much larger role in the economies of developing countries than developed countries. However, empirical evidence on the economic performance of SOEs generally yields negative results and suggests that SOEs are a major tax on the economies of developing countries reflected in the large operating subsidies required to sustain them. These inefficiencies seem in part attributable to ownership effects and partly to lack of competition effects. Empirical evidence on the effect of privatization of state-owned enterprises in both developed and developing countries suggests that this is often likely to lead to major improvement in economic performance. However, where privatization is not politically feasible, SOE reform alternatives such as management contracts, performance contracts, and greater exposure to competition may, in some contexts, enhance SOE performance, although typically they are second-best policy options to privatization.     

试论监狱行刑的善恶选择

监狱行刑善恶或道德行为选择,是监狱行刑者在一定的善恶观念支配下,在监狱行刑活动中对涉及服刑罪犯执行刑罚或相关利益的行为的自觉自愿抉择,其选择需要具备外在的可能性、内在的可能性以及行为选择能力的必备条件。当下我国监狱行刑善恶选择的现状积极变化和消极变化都很突出,究其原因,既有来自宏观的社会原因,又有出自监狱干警的职业特点和干警自身的因素,目前的状况,使得监狱干警进行善恶或道德选择处于一种两难状态,即陷入了道德困境,如何走出困境?从根本上说,走出困境必须依靠人们包括监狱干警改造社会的实践活动和道德境界及选择能力的提高。在监狱行刑活动实践中,要正确进行善恶选择,监狱干警职业道德建设要把提升干警善恶选择水平作为着力点。     

监狱警察品德现状调查

监狱警察的品德状况调查表明:监狱警察的道德意志、道德情感、道德行为处于优秀水平,道德观念处于良好程度。不同 背景特征的监狱警察品德状况有所差别。     

A Transaction Cost Approach to the Autonomization of Government Organizations: A Political Transaction Cost Framework Confronted with Six Cases of Autonomization in the Netherlands

The aim of this paper is to explore the relevance of some important aspects of transaction cost economics (TCE) to a better understanding and explanation of the autonomization of government organizations. As TCE, with its focus on economic efficiency, was basically developed for the profit sector, its main concepts have to be adapted for the public sector. This paper presents a 'political transaction cost' framework which emphasizes 'political rationality' and 'political efficiency'. TCE's main concepts—the transaction characteristics specificity, frequency/scale and uncertainty and its assumptions about human behaviour, i.e. bounded rationality and opportunism,—are discussed for politically governed organizations and they are related to autonomization. The results of exploratory case research into six government organizations in the Netherlands suggest that such factors as bounded rationality, opportunism, political efficiency, and social institutions may have played an important part in the autonomization of the organizations involved. It seems that strictly economic aspects were less relevant whenever a decision to autonomize was taken and a specific form of autonomization was chosen.     

Prison labor and recidivism

This study examines recidivism among inmates who participated in prison industry programs during confinement and a comparison group of inmates who were not employed in prison industry. Industry participants had lower recidivism rates than nonparticipants, but when differences between the groups on other characteristics associated with recidivism were controlled, the recidivism rates of participants and nonparticipants were virtually identical. A proportional hazards regression model was estimated that showed that, net of other variables, the effect of prison industry participation on the probability of postrelease felony arrest was small and insignificant. The findings are discussed in the context of existing correctional outcome research and recent developments in prison work programs.