我国监狱企业生存现状及发展方向的法律探析
发布时间：2018-11-19 11:46
【摘要】：随着市场经济的发展，社会主义法治国家的建设，中国监狱体制改革也应时代的要求不断进行改革和完善。而作为监狱体制改革的一个重要方面，监狱企业的监企分开也在从试点走向全面铺开。直至今日已近十年，监狱企业仍有许多问题悬而未决。其中，既涉及到我国监狱制度改革的深入与完善，更涉及到监狱企业的企业性质的定性、未来的发展方向。 基于此，文章从我国监狱体制改革的角度出发，以湖南监狱企业的改革为例，简述了我国监狱体制改革和湖南监狱体制改革的基本情况，监狱体制改革是顺利时代发展的必然选择，是解决监企不分、执法活动与经济活动纠结影响的必然途径，是切实提高罪犯改造质量、增强司法公正的基础保障，对发展监狱经济也具有重要意义。接着分析了我省监狱企业面临的主要困惑与问题。主要是企业性质定位不明、人力资源管理存在困难，企业创收创利能力不强、弥补监狱经费财政保障缺口的负担较重等。然后，，提出对监狱企业社会责任定位的思考。监狱企业应该是特殊性质的国有企业，承担着服务罪犯劳动改造及确保国有资产保值增值的职责，承担着监狱系统工人生计及弥补监狱经费缺口的重要任务。最后，对监狱企业发展方向进行了法律分析。监狱企业应尽快纳入法律明文规范，国家应对监狱企业给予税收、金融及相关政策和资金上的支持，监狱企业民警的警察身份应该得到认可，监狱企业只有走大集团运作的道路才能自主自立做大做强。
[Abstract]:With the development of market economy and the construction of socialist country ruled by law, the reform of Chinese prison system has been reformed and perfected in accordance with the requirements of the times. As an important aspect of the reform of prison system, the separation of prison enterprises from the pilot to an all-round spread. To date, nearly a decade, prison enterprises still have many problems unresolved. Among them, it not only involves the deepening and perfection of prison system reform in our country, but also the nature of the prison enterprise and the development direction in the future. Based on this, from the point of view of prison system reform in China, taking the reform of Hunan prison enterprise as an example, this paper briefly describes the basic situation of prison system reform and prison system reform in Hunan Province. The reform of prison system is an inevitable choice for the smooth development of the times, an inevitable way to solve the problems between prison and enterprise, law enforcement activities and economic activities, and a basic guarantee for improving the quality of criminals' reform and strengthening judicial justice. It is also of great significance to the development of prison economy. Then it analyzes the main puzzles and problems faced by the prison enterprises in our province. The main reasons are that the orientation of the enterprise is unclear, the management of human resources is difficult, the ability of generating profits is not strong, and the burden of making up the gap of financial guarantee of prison funds is heavy. Then, put forward to the prison enterprise social responsibility localization thought. The prison enterprise should be a special state-owned enterprise, which is responsible for serving the criminals' reform through labor and ensuring the maintenance and increment of the state-owned assets, as well as the important tasks of the prison system workers' livelihood and making up the gap of prison funds. Finally, the development direction of prison enterprises is analyzed by law. Prison enterprises should be explicitly regulated by law as soon as possible, and the state should give them tax, financial and related policy and financial support. The police officers of prison enterprises should be recognized as police officers. Prison enterprises must take the road of operation of large groups to be independent and strong.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7
本文编号：2342220
[Abstract]:With the development of market economy and the construction of socialist country ruled by law, the reform of Chinese prison system has been reformed and perfected in accordance with the requirements of the times. As an important aspect of the reform of prison system, the separation of prison enterprises from the pilot to an all-round spread. To date, nearly a decade, prison enterprises still have many problems unresolved. Among them, it not only involves the deepening and perfection of prison system reform in our country, but also the nature of the prison enterprise and the development direction in the future. Based on this, from the point of view of prison system reform in China, taking the reform of Hunan prison enterprise as an example, this paper briefly describes the basic situation of prison system reform and prison system reform in Hunan Province. The reform of prison system is an inevitable choice for the smooth development of the times, an inevitable way to solve the problems between prison and enterprise, law enforcement activities and economic activities, and a basic guarantee for improving the quality of criminals' reform and strengthening judicial justice. It is also of great significance to the development of prison economy. Then it analyzes the main puzzles and problems faced by the prison enterprises in our province. The main reasons are that the orientation of the enterprise is unclear, the management of human resources is difficult, the ability of generating profits is not strong, and the burden of making up the gap of financial guarantee of prison funds is heavy. Then, put forward to the prison enterprise social responsibility localization thought. The prison enterprise should be a special state-owned enterprise, which is responsible for serving the criminals' reform through labor and ensuring the maintenance and increment of the state-owned assets, as well as the important tasks of the prison system workers' livelihood and making up the gap of prison funds. Finally, the development direction of prison enterprises is analyzed by law. Prison enterprises should be explicitly regulated by law as soon as possible, and the state should give them tax, financial and related policy and financial support. The police officers of prison enterprises should be recognized as police officers. Prison enterprises must take the road of operation of large groups to be independent and strong.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7
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本文编号：2342220
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