First, the relevant provisions of the Constitution are the highest embodiment of the prison law.
The Constitution is the fundamental law of the country enacted by the National People's Congress and has the highest legal effect. It is the legislative basis and guiding ideology of other departmental laws and the "mother law" of other departmental laws. All departmental laws must be based on the Constitution and combined with the characteristics of social relations adjusted by this departmental law to formulate its specific legal norms. Article 28 of China's Constitution clearly stipulates the basic direction of the country's struggle against crime, in which "punishing and reforming criminals" not only provides a fundamental basis for the formulation of prison law, but also the content of this provision itself has become a part of the generalized prison law, which is the highest level and manifestation.
Two, "Criminal Law" and "Criminal Procedure Law" on prison execution, is a direct embodiment of the prison law.
Criminal Law and Criminal Procedure Law, as criminal substantive laws and criminal procedure laws to combat crimes, not only stipulate the standards, scales, principles and procedures of conviction and sentencing, but also make specific provisions on commutation and parole related to prison execution. These regulations on prison execution are the direct basis and manifestation of prison execution activities. For example, Article 46 of the Criminal Law stipulates: "A criminal sentenced to fixed-term imprisonment or life imprisonment shall be executed in a prison or other execution place; Anyone who has the ability to work should take part in labor, receive education and reform. " This provision points out the object, scope and specific conditions of prison execution, and itself has become a direct embodiment of prison law.
III. The Prison Law stipulates the basic scope of prison execution activities and is the main form of prison law.
The National People's Congress Standing Committee (NPCSC)1994 65438+The Prison Law promulgated and implemented on February 29th, together with the Criminal Law and the Criminal Procedure Law, has become the criminal legal system of our country, and actually has the status of departmental law. It is a comprehensive, systematic and professional basic law of prison work, which mainly regulates prison execution activities. It is the sum of the basic legal norms formulated according to the Constitution to adjust the internal and external relations of prison execution activities, the main legal basis to guide prison execution activities in China, and the main embodiment of prison law. The Prison Law is divided into 7 chapters and 78 articles, which covers the basic contents of prison execution activities in China, and clearly stipulates the nature, purpose and tasks of China prison, the basic principles and mechanisms of prison execution, the basic system of prison execution, the legal status and rights protection of criminals, the educational reform of juvenile criminals and the guarantee of prison funds.
4. The relevant administrative regulations and rules formulated by the State Council and its subordinate ministries and commissions are an important embodiment of the prison law.
The State Council and its subordinate ministries mainly include the Ministry of Justice, the Ministry of Public Security and the Ministry of Civil Affairs. The formulation of administrative regulations and rules for prison execution according to law is a supplement and perfection to the basic prison laws, a further explanation and supplement to some principled provisions in the basic prison laws, which mainly solves the problem of unclear and detailed prison laws, provides specific legal norms and requirements for prison execution activities, improves the operability of prison laws and plays the role of special prison laws.
Five, the legal interpretation of prison execution is also the form of prison law.
In China's prison legal norms, the interpretation of legal effect includes two aspects: one is the legislative interpretation of the national legislature; The second is the judicial interpretation of the state judicial organs. In the former, the National People's Congress and its Standing Committee, as the national legislature, explain the normative requirements of the prison law, which is an integral part of the normative provisions of the prison law, just like the normative provisions of the original prison law. The Supreme People's Court and the Supreme People's Procuratorate, as the highest judicial organs in the country, have made normative and documentary explanations on some problems encountered in the implementation of prison law, which is also a binding effect on prison execution and an organic part of the prison law system.
In addition, the normative documents and decrees on prison work formulated and promulgated by local people's congresses and governments (provinces, autonomous regions and municipalities directly under the Central Government) are only valid locally. It can also be regarded as an integral part of the prison law system.
Several different forms of the above-mentioned prison law, supplemented by various legal forms with different levels and different legal effects, form a complete prison law or prison laws and regulations system, which organically regulates prison execution. At the same time, due to various laws or regulations formulated by different organs, the status and effectiveness of different laws are formed in turn. According to the legislative principle of our country, the superior law is superior to the subordinate law. When the contents of different legal documents conflict, the superior law should be applied first. For example, the prison management regulations and local prison regulations formulated by the State Council and its ministries and commissions shall not contravene the Constitution and laws. In case of conflict, the previous part is invalid. Through the combination of the above levels, China's prison law has formed an organic whole with the constitution as the commander, the prison law as the main body, multi-level, harmonious and unified content and complete and unified form.