Providing necessary assistance and assistance to persons released from prison is one of the measures taken by countries around the world to prevent and reduce re-offending and committing crimes. Some countries have also formulated laws, regulations and protective policies to encourage and promote people who have completed their sentences. Release people into employment and create conditions for them to take the right path after returning to society. Transitional resettlement and assistance and education are my country's assistance and assistance policies for people released from prison or released from reeducation through labor. This policy has been continuously adjusted and improved with social and economic development, and in practice has formed an assistance and assistance system with Chinese characteristics. system.
1. Our country has implemented different resettlement policies for prisoners released from prison and released from reeducation through labor in different periods of economic development
In the early days of the founding of the People’s Republic of China, the social economy was underdeveloped and all work was in its infancy. At that time, there were many political prisoners and gangsters. In order to ensure the political stability and social stability of the young Communist Party of China, in 1954, the Government Affairs Council of the Central People's Government passed the "Regulations on Restructuring through Labor in the People's Republic of China" and promulgated the " "Interim Measures for the Release and Placement of Employment of Prisoners Reformed through Labor" adopts the policy of "retaining more and releasing less" for those released after serving their sentences, that is, after they are released from prison, they will basically stay in the labor reform farm for local resettlement and employment, and will not return to their place of origin or migrate to the country. Social placement and employment.
In the early 1960s, my country experienced political stability, economic development, stable social order, and improved social placement and employment capabilities. At the same time, the composition of criminals changed. Ordinary criminals from working people accounted for the vast majority, and those who lived in rural areas accounted for the majority. The vast majority. Therefore, the state has adjusted its policy on the retention of prisoners who have been released from prison, changing the policy of "detaining more and releasing less" to "four retentions and four no retentions": those who cannot be rehabilitated, those who have no home and job, and those whose homes are at borders, ports, If you stay on the coastal line, you don’t want to go back if there is a risk of being released. Those who have been renovated will not be retained. Those whose homes are in rural areas, large and medium-sized cities, or suburbs will not be retained. Those whose families need them or who insist on their own will will not be retained. Those who are old, weak, sick, and disabled will not be retained.
After 1979, our country has entered a new historical period. With the reform and opening up, the nature of crimes and the composition of prisoners have changed again. In order to adapt to the new situation, our country has once again adjusted its post-prison resettlement policy: Except for those who are forced to stay on-site for employment, they will be returned to the place where they were arrested or to the place of their immediate relatives. The local public security agency will provide them with a resettlement certificate based on their release certificate. The original workplace, local labor department, street, community, or team will be responsible for placement and employment. Specifically: those who perform well in reform and have certain professional knowledge or production skills can be hired after passing the assessment; those who retain their status as employees during their sentence will be resettled by the original unit after their release; those who have been fired or removed from the original unit, but who have been reformed If they perform well, the prison will make suggestions to their original unit for job re-arrangement before they are released after serving their sentence; if they have no job before arrest or do not meet the resettlement conditions, they will be resettled by the local labor department or street in urban areas; in rural areas, they will be resettled by the township government or commune team where they are located. Resettlement; those who lose the ability to work will be supported by their immediate relatives or other relatives and friends; if they are indeed in difficulty, the local government will provide appropriate subsidies; those who meet the school age regulations, perform well in practice and pass the exam are allowed to return to school, and can apply for higher education in accordance with regulations Universities, secondary vocational schools, various vocational schools or amateur schools.
In 1992, our country entered the development period of the socialist market economy, and changed the method of the state's unified allocation of employment for personnel during the planned economy period. The long-standing mandatory placement of persons released from prison and released from re-education through labor The method is guided by the government and involves the participation of society. Prisoners who have been released from prison can choose a certain occupation and choose their own jobs to replace them, and establish a work policy of marketization of placement, socialization of assistance and education, informatization of management, and standardization of responsibilities. In order to encourage ex-convicts to enter a certain profession and social enterprises to accept and absorb ex-convicts, the Central Comprehensive Management Committee, the Ministry of Justice, the Ministry of Public Security, the Ministry of Labor and Social Security, the Ministry of Civil Affairs, the Ministry of Finance, the State Administration of Taxation, The State Administration for Industry and Commerce issued the "Opinions on Further Improving Employment Promotion and Social Security for Persons Released from Prison and Released from Reeducation-through-Labor", requiring the labor and social security departments to provide employment guidance services and Job information and training fee exemptions.
Ex-convicts who engage in self-employment will be given preferential policies of being exempted from business tax, urban construction and maintenance fees, education surcharges and personal income tax for three years. For employment entities jointly established or recognized by the judicial administrative agencies and the labor and social security departments, if the number of ex-offenders and reeducation-education personnel exceeds 40 of the total number of employees, they will be exempted from corporate income tax for three years. If the per capita family income of ex-convicts in urban areas is lower than the local minimum living standard, they will be included in the scope of the local government's subsistence allowance; if they meet the conditions, they will enjoy and resume unemployment insurance and pension insurance. Rural ex-convicts who have fulfilled their responsibilities and have no source of income and have difficulty living will receive temporary social relief from the local government.
The above-mentioned policies are a concrete manifestation of the policy of non-discrimination and providing a way out for those who have made mistakes that our party and the country have always advocated. They are also a manifestation of the people-oriented governance concept. The implementation of these policies has effectively promoted The rehabilitation of prisoners serving sentences has kept my country's re-offending rate at a low level among other countries in the world.
2. The nature, objects, tasks and goals of the current resettlement assistance and education work in my country
my country’s current resettlement assistance and education work refers to the unified leadership of the party committee and the government, relying on various relevant departments It is a kind of non-mandatory guidance, support, education and management activities carried out by social forces for specific persons who have been released from prison or released from re-education through labor.
The main targets of resettlement and education work are those who have no way out in life and have the tendency to re-offend within five years after their release from prison and three years after being released from reeducation through labor, that is, they are homeless, have no job, and have nowhere to go. The three types of people who went there are those who have not been reformed, committed violent crimes, had deep bad habits, and refused to change despite repeated admonitions.
The tasks of placement assistance and education work are: to provide employment guidance and skills training to prisoners who are serving sentences and those who have been released from prison; to guide and support prisoners who have been released from prison to achieve employment and solve the problem of life solutions; to create an economy Entities and bases will transitionally place ex-prisoners and ex-convicts; education and management will be strengthened for ex-convicts with deep bad habits and a tendency to break the law again; those who break the law again will be severely punished in accordance with the law. The specific tasks of the relevant functional departments are:
The central and local comprehensive public security management committees shall coordinate and supervise the relevant departments to perform their duties and carry out resettlement, assistance and education for persons released from prison or released from re-education through labor.
On behalf of the state, the Ministry of Justice organizes and guides judicial administrative agencies at all levels to carry out transitional placement, assistance and education for persons released from prison or released from reeducation through labor.
The Ministry of Labor and Social Security is responsible for providing labor skills training to those serving sentences in education, those released after serving their sentences, and those released from re-education through labor who are not yet employed, and issues technical grade certificates to those who pass the test; and issues unemployment benefits to those who participate in unemployment insurance gold.
The judicial administrative agencies and the labor department will jointly establish economic entities focusing on the tertiary industry to provide transitional resettlement before employment.
The administrative department for industry and commerce shall be exempted from various administrative fees such as registration, license and management for ex-convicts who apply to engage in individual industrial and commercial operations and establish other economic entities in accordance with the law.
The tax department will reduce or reduce income tax for ex-convicts who are engaged in self-employment in accordance with the law.
Banks provide small loan support to ex-convicts engaged in production and business operations.
The civil affairs department encourages and supports economic entities established by townships, streets, and village neighborhood committees to place people who have been released from prison or released from reeducation through labor.
The public security organs should do a good job in helping and educating those who have been released from prison and released from reeducation through labor, especially those with deep bad habits, poor reform effects and the tendency to re-offend and commit crimes.
Trade unions, Communist Youth Leagues, Women’s Federations, Committees on Care for the Next Generation, Individual Workers Associations, and various social groups and organizations must jointly care for, support, and participate in resettlement, assistance, and education.
The main goal of the resettlement and education work is to strive to enable most of the prisoners who have been released from prison or released from reeducation through labor to strengthen their belief in rehabilitation and their employability, and improve their ability in employment, schooling and social relief. Be free from discrimination, achieve a secure life, have access to employment, and prevent and reduce recurrence of illegal crimes