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Order of the Ministry of Justice of the People's Republic of China
(No. 79)
The “Provisions on the Work of Prison Education and Reform”, which was examined and adopted at the Ministers' working conference on June 3, 2003, is hereby promulgated, and shall come into force on August 1, 2003.
Zhang Fusen, Minister
June 13, 2003
Provisions on the Work of Prison Education and Reform
| | 中华人民共和国司法部令
（第79号）
《监狱教育改造工作规定》已经2003年6月3日部长办公会议审议通过，现予发布，自2003年8月1日起施行。
部长 张福森
2003年6月13日
监狱教育改造工作规定
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Chapter I General Provisions
| | 第一章 总则
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Article 1 The present Provisions are formulated in accordance with the “Prison Law of the People's Republic of China” and other relevant laws and regulations, and in light of the actual situation on the work of prison education and reform with a view to regulating the work of prison education and reform, and improving the quality of education and reform.
| | 第一条 为了规范监狱教育改造工作，提高教育改造质量，根据《中华人民共和国监狱法》和有关法律、法规的规定，结合监狱教育改造工作实际，制定本规定。
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Article 2 The work of prison education and reform is an important component part of execution of criminal punishments, a basic means to reform prisoners, and an important embodiment of legal, scientific and social management of the prison work, which runs through the whole process of the prison work.
| | 第二条 监狱教育改造工作是刑罚执行活动的重要组成部分，是改造罪犯的基本手段之一，是监狱工作法制化、科学化、社会化的重要体现，贯穿于监狱工作的全过程。
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Article 3 The task of the work of prison education and reform is to, in various effective avenues and ways, educate the prisoners to show admission of and repentance to their guilt, to consciously accept reform, to strengthen their legal consciousness and ethical attainments, and to grasp certain cultural knowledge and work skills, so as to reform them into law-abiding citizens.
| | 第三条 监狱教育改造工作的任务，是通过各种有效的途径和方法，教育罪犯认罪悔罪，自觉接受改造，增强法律意识和道德素养，掌握一定的文化知识和劳动技能，将其改造成为守法公民。
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Article 4 The work of prison education and reform shall be done in light of the category of the prisoners' crimes, the reasons of the crimes and the extent of viciousness as well as their ideological, behavioral and psychological features, and the principles of educating them by varying with different individuals, convincing them by reasoning, proceeding in an orderly and gradual way and attaching importance to the actual effects shall be adhered to.
| | 第四条 监狱教育改造工作，应当根据罪犯的犯罪类型、犯罪原因、恶性程度及其思想、行为、心理特征，坚持因人施教、以理服人、循序渐进、注重实效的原则。
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Article 5 The work of prison education and reform mainly includes: education at entry into prison; individual education; ideological, cultural and technical education; construction of culture in prison areas; social help and education; psychological cure; selection of the activists in the reform of prisoners through public appraisal; education for departure from the prison, and so on.
| | 第五条 监狱教育改造工作主要包括：入监教育；个别教育；思想、文化、技术教育；监区文化建设；社会帮教；心理矫治；评选罪犯改造积极分子；出监教育等。
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Article 6 For the work of prison education and reform, the following shall be adhered to: the combination of collective education with individual education, the combination of class education with auxiliary education, the combination of usual education with special topic education, and the combination of the education by the prison with the education by the society.
| | 第六条 监狱教育改造工作，应当坚持集体教育与个别教育相结合，课堂教育与辅助教育相结合，常规教育与专题教育相结合，狱内教育与社会教育相结合。
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Article 7 A prison shall set up places for education and reform, including classrooms, conversation rooms, recreation and sports rooms, libraries, reading rooms, computer-assisted education rooms, and psychological consulting rooms, etc., and shall be equipped with corresponding facilities.
| | 第七条 监狱应当设立教育改造场所，包括教室、谈话室、文体活动室、图书室、阅览室、电化教育室、心理咨询室等，并配备相应的设施。
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Article 8 The expenses of a prison used for education and reform of prisoners shall be in compliance with the relevant standards prescribed by the State. The expenses for the education and reform of the prisoners of minority ethnic groups and of the juvenile delinquents shall be raised.
| | 第八条 监狱用于罪犯教育改造的经费，按照国家规定的有关标准执行。少数民族罪犯、未成年犯的教育改造经费应予提高。
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Chapter II Education at Entry into Prison
| | 第二章 入监教育
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Article 9 New prisoners shall be put in the prisons or prison areas designated for receiving newly assigned prisoners, and shall receive a 2-month education at entry into prison.
| | 第九条 对新入监的罪犯，应当将其安排在负责新收分流罪犯的监狱或者监区，集中进行为期两个月的入监教育。
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Article 10 After a newly received prisoner has entered a prison, the prison (prison area) shall announce to him the rights that a prisoner may enjoy and the obligations that a prisoner shall perform during the term of his imprisonment:
| | 第十条 新收罪犯入监后，监狱（监区）应当向其宣布罪犯在服刑期间享有的权利和应当履行的义务：
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(1) A prisoner may enjoy the following rights during the term of his imprisonment: his personal dignity may not be insulted, his personal safety and lawful properties may not be infringed upon, he enjoys the right to defend himself and to make complaints, charges or exposures, as well as other rights which have not been deprived of or limited in accordance with the law.
| | （一）罪犯在服刑期间享有下列权利：人格不受侮辱，人身安全和合法财产不受侵犯，享有辩护、申诉、控告、检举以及其他未被依法剥夺或者限制的权利。
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(2) A prisoner shall perform the following obligations during the term of his imprisonment: to abide by the laws and regulations of the State as well as the rules and disciplines of the prison, to obey administration, to accept education and reform, and to participate in labor in accordance with the provisions.
| | （二）罪犯在服刑期间应当履行下列义务：遵守国家法律、法规和监规纪律，服从管理，接受教育改造，按照规定参加劳动。
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Article 11 A prison (prison area) shall conduct legal education and education on the rules and disciplines of the prison to the newly received prisoners, and shall guide them to show admission of and repentance to their guilt, to clarify the target of the reform, and to adapt to the life of serving his sentence.
| | 第十一条 监狱（监区）对新收罪犯，应当进行法制教育和监规纪律教育，引导其认罪悔罪，明确改造目标，适应服刑生活。
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Article 12 A prison (prison area) shall know about and grasp the basic information on the newly received prisoners, their attitudes in showing admission to their guilt and their ideological trends, shall make individual analysis and hold psychological tests, evaluate the extent of danger and viciousness and the degree of difficulty of reform, and shall render suggestions on detention and reform.
| | 第十二条 监狱（监区）应当了解和掌握新收罪犯的基本情况、认罪态度和思想动态，进行个体分析和心理测验，对其危险程度、恶性程度、改造难度进行评估，提出关押和改造的建议。
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Article 13 After the end of the education at entry into prison, the prison (prison area) shall assess and inspect the newly received prisoners. Those who are assessed to be qualified shall be transferred to the prison (prison area) of the corresponding category to serve their sentence and be reformed; while for who are assessed to be unqualified, the education at entry into prison shall be extended for a term of 1 month.
| | 第十三条 入监教育结束后，监狱（监区）应当对新收罪犯进行考核验收。对考核合格的，移送相应类别的监狱（监区）服刑改造；对考核不合格的，应当延长入监教育，时限为一个月。
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Chapter III Individual Education
| | 第三章 个别教育
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Article 14 A prison shall, in light of each prisoner's specific information, arrange the people's police of the prison to hold pertinent individual education for him.
| | 第十四条 监狱应当根据每一名罪犯的具体情况，安排监狱人民警察对其进行有针对性的个别教育。
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Article 15 For individual education, the following shall be adhered to: the combination of legal education with ethical education, the combination of convincing prisoners by reasoning with moving them by affection, the combination of punishment according to rules with guiding him in conduct, the combination of pertinence of contents with flexibility of form, the combination of solving ideological problems with solving actual problems.
| | 第十五条 个别教育应当坚持法制教育与道德教育相结合，以理服人与以情感人相结合，戒之以规与导之以行相结合，内容的针对性与形式的灵活性相结合，解决思想问题与解决实际问题相结合。
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Article 16 The people's police in each prison area of a prison shall arrange individual conversational education to the prisoners under their administration at least once every month.
| | 第十六条 监狱各监区的人民警察对所管理的罪犯，应当每月至少安排一次个别谈话教育。
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Article 17 If a prisoner is under any of the following circumstances, the people's police of the prison shall timely hold the individual conversational education to him:
| | 第十七条 罪犯有下列情形之一的，监狱人民警察应当及时对其进行个别谈话教育：
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(1) he is a new prisoner, or the prison or prison area for him to serve his sentence is changed;
| | （一）新入监或者服刑监狱、监区变更时；
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(2) his situation or job is changed;
| | （二）处遇变更或者劳动岗位调换时；
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(3) he is rewarded or punished;
| | （三）受到奖励或者惩处时；
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(4) conflicts between prisoners occur;
| | （四）罪犯之间产生矛盾或者发生冲突时；
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(5) he is before or after leaving the prison to visit his family or his family experiences any incident;
| | （五）离监探亲前后或者家庭出现变故时；
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(6) he is not interviewed by any one or his family do not contact him for long;
| | （六）无人会见或者家人长时间不与其联络时；
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(7) his act or mood is unusual;
| | （七）行为反常、情绪异常时；
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(8) he actively requests conversation;
| | （八）主动要求谈话时；
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(9) he is under temporary execution outside prison or under parole or before release after service of his sentence;
| | （九）暂予监外执行、假释或者刑满释放出监前；
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(10) other circumstances under which individual conversational education needs to be held.
| | （十）其他需要进行个别谈话教育的。
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Article 18 The people's police of the prison shall, when holding individual conversational education for the prisoners, carefully make records, and take pertinent educational and reform measures in light of the prisoners' ideological situation and trends.
| | 第十八条 监狱人民警察对罪犯进行个别谈话教育，应当认真做好记录，并根据罪犯的思想状况和动态，采取有针对性的教育改造措施。
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Article 19 A prison shall set up a system of analyzing the ideological trends of the prisoners, and in light of the analysis, arrange for the carryout of pertinent education on special topics.
In a branch prison area, analysis shall be made once every week, and in a prison area, once every half month; in case of any major event, the prisoners' ideological trends shall be collected and analyzed at any time. The analysis shall be reported to the superior organ level by level.
| | 第十九条 监狱应当建立罪犯思想动态分析制度，并根据分析情况，组织开展有针对性的专题教育。
分监区每周分析一次，监区每半月分析一次，监狱每月分析一次；遇有重大事件，应当随时收集、分析罪犯的思想动态。分析的情况应当逐级上报。
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Article 20 A prison shall classify the prisoners and carry out classified education in light of the types of crimes committed by the prisoners and in combination with the extent of their danger and viciousness and also their intelligence.
| | 第二十条 监狱应当根据罪犯的犯罪类型，结合罪犯的危险程度、恶性程度、接受能力，对罪犯进行分类，开展分类教育。
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Article 21 A prison shall set up a system for the discernment of obstinate prisoners and dangerous prisoners and for transforming them through education.
．．．．．． | | 第二十一条 监狱应当建立对顽固型罪犯（简称顽固犯）和危险型罪犯（简称危险犯）的认定和教育转化制度。
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