中华人民共和国监狱法(二)
文章来源: 文章作者: 发布时间:2007-05-09 03:18 字体: [ ]  进入论坛
(单词翻译:双击或拖选)
Section 5 Release and Resettlement

  Article 35 If a prisoner has completed service of his sentence, the prison shall release him as scheduled and issue him a certificate of release.

  Article 36 After a prisoner is released, the public security organ shall make residence registration1 for him on the strength of his certificate of release.

  Article 37 With respect to a person released after serving his sentence, the local people's government shall assist him in resettling down.

  If a person released after serving his sentence has lost his ability to do labour, and has no statutory supporters or basic source of income, the local people's government shall offer him relief.

  Article 38 A person released after serving his sentence shall enjoy equal rights with other citizens in accordance with the law.

  Chapter IV Prison Administration

  Section 1 Separate Custody2 and Separate Control

  Article 39 A prison shall practise separate custody and separate control with respect to male adult prisoners, female adult prisoners and juvenile3 delinquents5. In respect of the reform of juvenile delinquents and female prisoners, special consideration shall be given to their physiological6 and psychological characteristics.

  A prison shall, with respect to prisoners, carry out separate custody and varied7 control on the basis of their types of crimes and punishments, terms of sentences and performances of reform.

  Article 40 Female prisoners shall be under the direct control of people's policewomen.

  Section 2 Guard

  Article 41 The people's armed police forces shall be in charge of the armed guard of prisons. The specific measures shall be prescribed by the State Council and the Central Military Commission.

  Article 42 If a prison discovers that a prisoner in custody has escaped, the prison shall capture him as soon as possible. If the prison cannot immediately capture the escapted prisoner, it shall notify the public security organ without delay. The public security organ shall be responsible for the pursuit and capture of the escaped prisoner, and the prison shall closely coordinate8 with the public security organ.

  Article 43 A prison shall set up guard installations in accordance with the needs of supervision9 and control. The guard segregation10 zone around a prison shall be delimited. No one shall, without permission, enter into such zone.

  Article 44 State organs, public organizations, enterprises, institutions and grass-roots organizations in the neighbourhood of a prison or its operation areas shall assist the prison in its security work.

  Section 3 Use of Restraint Implements12 and Weapons

  Article 45 Under any of the following circumstances, a prison may use restraint implements:

  (l) if a prisoner commits any acts of escape;

  (2) if a prisoner commits any acts of violence;

  (3) if a prisoner is on the way of escord; or

  (4) if a prisoner commits other dangerous acts against which it is necessary to take precautions.

  After the circumstances specified13 in the preceding paragraph disappeared, restraint implements shall not be used.

  Article 46 Personnel on duty of the people's police or the people's armed police forces may, under any of the following circumstances, which can not be checked without the use of weapons, use weapons in accordance with the relevant regulations of the State:

  (l) if any prisoner is assembling a crowd to make a riot or rebellion;

  (2) if any prisoner is escaping or resisting arrest;

  (3) if any prisoner is committing physical assault or destruction with a lethal14 weapon or other dangerous articles to endanger the safety of another person's life or property;

  (4) if any prisoner is being seized and rescued by force; or

  (5) if any prisoner is seizing a weapon by force.

  Personnel who have used weapons shall report the situations in accordance with the relevant regulations of the State.

  Section 4 Correspondence and Meeting with Visitors

  Article 47 A prisoner may, during the service of his sentence, cor-respond with others, but their correspondence shall be examined by the prison. If the prison discovers that the contents of a letter present a hindrance15 to the reform of the prisoner, the prison may detain the letter. Letters from a prisoner to the higher authorities of the prison or to the judicial16 organs shall be free from examination.

  Article 48 A prisoner may, in accordance with the relevant regula-tions, meet with his relatives and guardians17 during the service of his sentence.

  Article 49 Goods or money to be received by a prisoner shall be subject to the approval and examination of the prison.

  Section 5 Life and Health

  Article 50 The living standard of prisoners shall be measured by the quantity of material objects, and it shall be set by the State.

  Article 51 The beddings and clothings of prisoners shall be uniformly rationed18 and provided by the prison.

  Article 52 Considerations shall be given to the special habits and customs of prisoners of minority ethnic19 groups.

  Article 53 Wards20 of a prison shall be firm, ventilated, possible for the natural light to come in, clean and warm.

  Article 54 A prison shall set up medical organs and living and sanitary21 facilities, and institute regulations on the life and sanitation22 of prisoners. Medical and health care of prisoners shall be put into the public health and epidemic23 prevention programme of the area in which the prison is located.

  Article 55 If a prisoner dies during imprisonment24, the prison shall immediately inform the prisoner's family members, the people's procuratorate and the people's court. If a prisoner dies from a disease, the prison shall make a medical appraisal25. If the people's procuratorate suspects the prison's medical appraisal, it may make an appraisal anew on the cause of the death. If the family members of the prisoner suspect the prison‘s medical appraisal, they may raise their suspicion to the people's procuratorate. If a prisoner dies an abnormal death, the people's procuratorate shall im-mediately conduct examinations and make an appraisal on the cause of the death.

  Section 6 Rewards and Punishments

  Article 56 A prison shall establish a routine check-up system for prisoners. The result of such check-ups shall be taken as the basis for awarding or punishing prisoners.

  Article 57 If a prisoner is under one of the following circumstances, the prison may commend or award him, or record a merit for him:

  (l) if a prisoner observes the rules and discipline of the prison, studies hard, takes an active part in labour and shows admission of guilt26 and acceptance of the judgement;

  (2) if a prisoner has stopped any law-breaking or criminal activities;

  (3) if a prisoner has overfulfilled his production task;

  (4) if a prisoner has made achievements in saving on raw materials or caring for public property;

  (5) if a prisoner has achieved certain success in technical renovation27 or passing on his production skill;

  (6) if a prisoner has made contributions in preventing or removing a disastrous28 accident; or

  (7) if a prisoner has made other contributions to the State and the society.

  Where a prisoner sentenced to fixed-term imprisonment is under one of the circumstances specified in the preceding paragraph, if he has served more than a half of the original term of his sentence, and has always shown good performances during imprisonment and if his leaving from the prison will no longer endanger the society, the prison may, in light of the circum-stances. permit him to leave the prison for the purpose of visiting his family members or relatives.

  Article 58 If a prisoner has committed one of the following acts obstructing29 the order of supervision and control, the prison may give him a warning, demerit-recording or solitary30 confinement31

  (l) assembling a crowd to make a stir and to disturb the order of the prison;

  (2) abusing or beating the people's police;

  (3) bullying32 other prisoners;

  (4) stealing, gambling33, coming to blows, or stirring up fights and causing troubles;

  (5) refusing to do labour though he has the ability to work or being slack in work and refusing to mend his ways even after education;

  (6) escaping from doing labour by means of self-injury or self-mutilation;

  (7) intentionally34 viloating the operation rules in productive labour or intentionally destroying tools of production; or

  (8) other acts violating the rules and discipline of the prison.

  The term of solitary confinement imposed on a prisoner as stipulated35 by the preceding paragraph shall be from seven to fifteen days.

  If a prisoner has committed an act specified in the first paragraph during the service of his sentence, and if the case constitutes a crime, he shall be investigated for criminal responsibility according to law.

  Section 7

  Handling of Crimes Committed by prisoners

  During the Term of Imprisonment

  Article 59 If a prisoner intentionally commits a crime during the service of his sentence, he shall be given a heavier punishment according to law.

  Article 60 A criminal case committed by a prisoner in the prison shall be investigated by the prison. On the conclusion of the investigation36, a recommendation for prosecution37 or a recommendation for exemption38 from prosecution written by the prison together with the case file and the evidence shall be handed over to a people's procuratorate.

  Chapter V Education and Reform of Prisoners

  Article 61 In the education and reform of prisoners, the principle of suiting education to different persons and cases and persuading prisoners through reasoning shall be implemented39 and the method of combining collective education with individual education and combining education by the prison with education by the society adopted.

  Article 62 A prison shall carry out ideological40 education among prisoners in legality, morality, current situations, policies and outlook on their futures41.

  Article 63 A prison shall, in light of different conditions of prisoners, carry out literacy education, primary education and junior secondary education. If a prisoner has passed due examinations, the educational department shall issue him the corresponding certificate of education.

  Article 64 A prison shall carry out occupational and technical education among prisoners in accordance with the needs of production in the prison and of employment after their release. If a prisoner has passed due examination and verification, the labour department shall issue him the corresponding certificate of technical grade.

  Article 65 A prison shall encourage prisoners to study on their own. If a prisoner has passed due examinations, the relevant department shall issue him the corresponding certificate.

  Article 66 The cultural, occupational and technical education of prisoners shall be included into the educational plan of the area where the prison is located. A prison shall have necessary educational facilities such as class-rooms and reading-rooms.

  Article 67 A prison shall organize prisoners to conduct proper sport activities and cultural recreations.

  Article 68 State organs, public organizations, units of armed forces, enterprises, institutions, personage of various circles and family members or relatives of prisoners shall assist prisons in doing a good job in the education and reform of prisoners.

  Article 69 An able-bodied prisoner must do labour.

  Article 70 A prison shall, in the light of the individual conditions of prisoners, rationally organize them to do labour so as to correct their bad habits, to cultivate their habits of working, to acquire production skills and to create conditions for employment after their re-lease.

  Article 7l With regard to the working hours of prisoners, a prison shall make reference to the State's relevant regulations on working hours; under special circumstances such as seasonal42 production, the working hours may be readjusted.

  Prisoners shall have the right to rest on statutory festivals and holidays.

  Article 72 Prisons shall, in accordance with the relevant regulations, pay remunerations to the prisoners who take part in labour, and implement11 relevant regulations of the State on labour protection.

  Article 73 If a prisoner is injured, disabled or dead in the course of doing labour, the prison shall handle the matter with reference to relevant regulations of the State on labour insurance.

  Chapter VI Education and Reform of Juvenile Delinquents

  Article 74 Criminal punishments on juvenile delinquents shall be executed in the reformatories for juvenile delinquents.

  Article 75 The focus in the execution of criminal punishments on juvenile delinquents shall be on education and reform. Labour for juvenile delinquents shall conform to the characteristics of minors43 and its main objectives shall be to acquire an elementary education and production skills.

  A prison shall coordinate with the State, society and educational institutions such as schools in providing necessary conditions for juvenile delinquents to receive compulsory44 education.

  Article 76 If a juvenile delinquent4 has reached the age of l8 and the remaining term of his sentence does not exceed two years, he may still be kept in the reformatory for juvenile delinquents for the execution of the remaining term of his sentence.

  Article 77 If matters relating to the control, education and reform of juvenile delinquents are not covered by this Chapter, the relevant provisions of this Law shall apply.

  Chapter Ⅶ Supplementary45 Provisions

  Article 78 This Law shall go into effect ad of the date of promulgation46.



点击收听单词发音收听单词发音  

1 registration ASKzO     
n.登记,注册,挂号
参考例句:
  • Marriage without registration is not recognized by law.法律不承认未登记的婚姻。
  • What's your registration number?你挂的是几号?
2 custody Qntzd     
n.监护,照看,羁押,拘留
参考例句:
  • He spent a week in custody on remand awaiting sentence.等候判决期间他被还押候审一个星期。
  • He was taken into custody immediately after the robbery.抢劫案发生后,他立即被押了起来。
3 juvenile OkEy2     
n.青少年,少年读物;adj.青少年的,幼稚的
参考例句:
  • For a grown man he acted in a very juvenile manner.身为成年人,他的行为举止显得十分幼稚。
  • Juvenile crime is increasing at a terrifying rate.青少年犯罪正在以惊人的速度增长。
4 delinquent BmLzk     
adj.犯法的,有过失的;n.违法者
参考例句:
  • Most delinquent children have deprived backgrounds.多数少年犯都有未受教育的背景。
  • He is delinquent in paying his rent.他拖欠房租。
5 delinquents 03c7fc31eb1c2f3334b049f2f2139264     
n.(尤指青少年)有过失的人,违法的人( delinquent的名词复数 )
参考例句:
  • The robbery was committed by a group of delinquents. 那起抢劫案是一群青少年干的。 来自《简明英汉词典》
  • There is today general agreement that juvenile delinquents are less responsible than older offenders. 目前人们普遍认为青少年罪犯比成人罪犯的责任小些。 来自辞典例句
6 physiological aAvyK     
adj.生理学的,生理学上的
参考例句:
  • He bought a physiological book.他买了一本生理学方面的书。
  • Every individual has a physiological requirement for each nutrient.每个人对每种营养成分都有一种生理上的需要。
7 varied giIw9     
adj.多样的,多变化的
参考例句:
  • The forms of art are many and varied.艺术的形式是多种多样的。
  • The hotel has a varied programme of nightly entertainment.宾馆有各种晚间娱乐活动。
8 coordinate oohzt     
adj.同等的,协调的;n.同等者;vt.协作,协调
参考例句:
  • You must coordinate what you said with what you did.你必须使你的言行一致。
  • Maybe we can coordinate the relation of them.或许我们可以调和他们之间的关系。
9 supervision hr6wv     
n.监督,管理
参考例句:
  • The work was done under my supervision.这项工作是在我的监督之下完成的。
  • The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。
10 segregation SESys     
n.隔离,种族隔离
参考例句:
  • Many school boards found segregation a hot potato in the early 1960s.在60年代初,许多学校部门都觉得按水平分班是一个棘手的问题。
  • They were tired to death of segregation and of being kicked around.他们十分厌恶种族隔离和总是被人踢来踢去。
11 implement WcdzG     
n.(pl.)工具,器具;vt.实行,实施,执行
参考例句:
  • Don't undertake a project unless you can implement it.不要承担一项计划,除非你能完成这项计划。
  • The best implement for digging a garden is a spade.在花园里挖土的最好工具是铁锹。
12 implements 37371cb8af481bf82a7ea3324d81affc     
n.工具( implement的名词复数 );家具;手段;[法律]履行(契约等)v.实现( implement的第三人称单数 );执行;贯彻;使生效
参考例句:
  • Primitive man hunted wild animals with crude stone implements. 原始社会的人用粗糙的石器猎取野兽。 来自《现代汉英综合大词典》
  • They ordered quantities of farm implements. 他们订购了大量农具。 来自《现代汉英综合大词典》
13 specified ZhezwZ     
adj.特定的
参考例句:
  • The architect specified oak for the wood trim. 那位建筑师指定用橡木做木饰条。
  • It is generated by some specified means. 这是由某些未加说明的方法产生的。
14 lethal D3LyB     
adj.致死的;毁灭性的
参考例句:
  • A hammer can be a lethal weapon.铁锤可以是致命的武器。
  • She took a lethal amount of poison and died.她服了致命剂量的毒药死了。
15 hindrance AdKz2     
n.妨碍,障碍
参考例句:
  • Now they can construct tunnel systems without hindrance.现在他们可以顺利地建造隧道系统了。
  • The heavy baggage was a great hindrance to me.那件行李成了我的大累赘。
16 judicial c3fxD     
adj.司法的,法庭的,审判的,明断的,公正的
参考例句:
  • He is a man with a judicial mind.他是个公正的人。
  • Tom takes judicial proceedings against his father.汤姆对他的父亲正式提出诉讼。
17 guardians 648b3519bd4469e1a48dff4dc4827315     
监护人( guardian的名词复数 ); 保护者,维护者
参考例句:
  • Farmers should be guardians of the countryside. 农民应是乡村的保卫者。
  • The police are guardians of law and order. 警察是法律和秩序的护卫者。
18 rationed 2212acec6f7cb9ea03723718b31648f3     
限量供应,配给供应( ration的过去式和过去分词 )
参考例句:
  • We were rationed to two eggs a day. 每天配给我们两个鸡蛋。
  • The army is well rationed. 部队给养良好。
19 ethnic jiAz3     
adj.人种的,种族的,异教徒的
参考例句:
  • This music would sound more ethnic if you played it in steel drums.如果你用钢鼓演奏,这首乐曲将更具民族特色。
  • The plan is likely only to aggravate ethnic frictions.这一方案很有可能只会加剧种族冲突。
20 wards 90fafe3a7d04ee1c17239fa2d768f8fc     
区( ward的名词复数 ); 病房; 受监护的未成年者; 被人照顾或控制的状态
参考例句:
  • This hospital has 20 medical [surgical] wards. 这所医院有 20 个内科[外科]病房。
  • It was a big constituency divided into three wards. 这是一个大选区,下设三个分区。
21 sanitary SCXzF     
adj.卫生方面的,卫生的,清洁的,卫生的
参考例句:
  • It's not sanitary to let flies come near food.让苍蝇接近食物是不卫生的。
  • The sanitary conditions in this restaurant are abominable.这家饭馆的卫生状况糟透了。
22 sanitation GYgxE     
n.公共卫生,环境卫生,卫生设备
参考例句:
  • The location is exceptionally poor,viewed from the sanitation point.从卫生角度来看,这个地段非常糟糕。
  • Many illnesses are the result,f inadequate sanitation.许多疾病都来源于不健全的卫生设施。
23 epidemic 5iTzz     
n.流行病;盛行;adj.流行性的,流传极广的
参考例句:
  • That kind of epidemic disease has long been stamped out.那种传染病早已绝迹。
  • The authorities tried to localise the epidemic.当局试图把流行病限制在局部范围。
24 imprisonment I9Uxk     
n.关押,监禁,坐牢
参考例句:
  • His sentence was commuted from death to life imprisonment.他的判决由死刑减为无期徒刑。
  • He was sentenced to one year's imprisonment for committing bigamy.他因为犯重婚罪被判入狱一年。
25 appraisal hvFzt     
n.对…作出的评价;评价,鉴定,评估
参考例句:
  • What's your appraisal of the situation?你对局势是如何评估的?
  • We need to make a proper appraisal of his work.对于他的工作我们需要做出适当的评价。
26 guilt 9e6xr     
n.犯罪;内疚;过失,罪责
参考例句:
  • She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
  • Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。
27 renovation xVAxF     
n.革新,整修
参考例句:
  • The cinema will reopen next week after the renovation.电影院修缮后,将于下星期开业。
  • The building has undergone major renovation.这座大楼已进行大整修。
28 disastrous 2ujx0     
adj.灾难性的,造成灾害的;极坏的,很糟的
参考例句:
  • The heavy rainstorm caused a disastrous flood.暴雨成灾。
  • Her investment had disastrous consequences.She lost everything she owned.她的投资结果很惨,血本无归。
29 obstructing 34d98df4530e378b11391bdaa73cf7b5     
阻塞( obstruct的现在分词 ); 堵塞; 阻碍; 阻止
参考例句:
  • You can't park here, you're obstructing my driveway. 你不能在这里停车,你挡住了我家的车道。
  • He was charged for obstructing the highway. 他因阻碍交通而受控告。
30 solitary 7FUyx     
adj.孤独的,独立的,荒凉的;n.隐士
参考例句:
  • I am rather fond of a solitary stroll in the country.我颇喜欢在乡间独自徜徉。
  • The castle rises in solitary splendour on the fringe of the desert.这座城堡巍然耸立在沙漠的边际,显得十分壮美。
31 confinement qpOze     
n.幽禁,拘留,监禁;分娩;限制,局限
参考例句:
  • He spent eleven years in solitary confinement.他度过了11年的单独监禁。
  • The date for my wife's confinement was approaching closer and closer.妻子分娩的日子越来越近了。
32 bullying f23dd48b95ce083d3774838a76074f5f     
v.恐吓,威逼( bully的现在分词 );豪;跋扈
参考例句:
  • Many cases of bullying go unreported . 很多恐吓案件都没有人告发。
  • All cases of bullying will be severely dealt with. 所有以大欺小的情况都将受到严肃处理。 来自《简明英汉词典》
33 gambling ch4xH     
n.赌博;投机
参考例句:
  • They have won a lot of money through gambling.他们赌博赢了很多钱。
  • The men have been gambling away all night.那些人赌了整整一夜。
34 intentionally 7qOzFn     
ad.故意地,有意地
参考例句:
  • I didn't say it intentionally. 我是无心说的。
  • The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所,因此没有资格再获得提供住房。
35 stipulated 5203a115be4ee8baf068f04729d1e207     
vt.& vi.规定;约定adj.[法]合同规定的
参考例句:
  • A delivery date is stipulated in the contract. 合同中规定了交货日期。
  • Yes, I think that's what we stipulated. 对呀,我想那是我们所订定的。 来自辞典例句
36 investigation MRKzq     
n.调查,调查研究
参考例句:
  • In an investigation,a new fact became known, which told against him.在调查中新发现了一件对他不利的事实。
  • He drew the conclusion by building on his own investigation.他根据自己的调查研究作出结论。
37 prosecution uBWyL     
n.起诉,告发,检举,执行,经营
参考例句:
  • The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
  • He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。
38 exemption 3muxo     
n.豁免,免税额,免除
参考例句:
  • You may be able to apply for exemption from local taxes.你可能符合资格申请免除地方税。
  • These goods are subject to exemption from tax.这些货物可以免税。
39 implemented a0211e5272f6fc75ac06e2d62558aff0     
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效
参考例句:
  • This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
  • The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革,经济就面临崩溃的危险。 来自辞典例句
40 ideological bq3zi8     
a.意识形态的
参考例句:
  • He always tries to link his study with his ideological problems. 他总是把学习和自己的思想问题联系起来。
  • He helped me enormously with advice on how to do ideological work. 他告诉我怎样做思想工作,对我有很大帮助。
41 futures Isdz1Q     
n.期货,期货交易
参考例句:
  • He continued his operations in cotton futures.他继续进行棉花期货交易。
  • Cotton futures are selling at high prices.棉花期货交易的卖价是很高的。
42 seasonal LZ1xE     
adj.季节的,季节性的
参考例句:
  • The town relies on the seasonal tourist industry for jobs.这个城镇依靠季节性旅游业提供就业机会。
  • The hors d'oeuvre is seasonal vegetables.餐前小吃是应时蔬菜。
43 minors ff2adda56919f98e679a46d5a4ad4abb     
n.未成年人( minor的名词复数 );副修科目;小公司;[逻辑学]小前提v.[主美国英语]副修,选修,兼修( minor的第三人称单数 )
参考例句:
  • The law forbids shops to sell alcohol to minors. 法律禁止商店向未成年者出售含酒精的饮料。 来自《简明英汉词典》
  • He had three minors this semester. 这学期他有三门副修科目。 来自《简明英汉词典》
44 compulsory 5pVzu     
n.强制的,必修的;规定的,义务的
参考例句:
  • Is English a compulsory subject?英语是必修课吗?
  • Compulsory schooling ends at sixteen.义务教育至16岁为止。
45 supplementary 0r6ws     
adj.补充的,附加的
参考例句:
  • There is a supplementary water supply in case the rain supply fails.万一主水源断了,我们另外有供水的地方。
  • A supplementary volume has been published containing the index.附有索引的增补卷已经出版。
46 promulgation d84236859225737e91fa286907f9879f     
n.颁布
参考例句:
  • The new law comes into force from the day of its promulgation. 新法律自公布之日起生效。 来自《简明英汉词典》
  • Article 118 These Regulations shall come into effect from the day of their promulgation. 第一百一十八条本条例自公布之日起实施。 来自经济法规部分
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