China to Overhaul Prison Law in Push for Greater Transparency

China is set to undergo its most comprehensive revision of the Prison Law in nearly three decades, with draft amendments focused on bolstering inmate rights, improving rehabilitation, and increasing transparency in prison management. The law, which first came into effect in 1994 and was only slightly amended in 2012, serves as the foundational legal framework for governing how offenders are managed and prepared for reentry into society. Legal experts and officials have argued that the existing law no longer adequately addresses emerging challenges, such as managing inmate health issues and confirming the identities of newly admitted prisoners—areas that currently lack solid legal guidelines [para. 1][para. 2][para. 3].

The revision process, which began in 2016 but stalled until resuming in late 2018, has produced a substantial draft that expands the current 78 articles to 114, an increase of roughly 50%. The restructured law contains eight chapters, including a new chapter dedicated to “Legal Responsibility” [para. 4]. The changes are designed to refine prison administration, strengthen protections for inmates, and overhaul the framework for inmate education and social reintegration. A notable addition is the statutory requirement for “prison affairs transparency,” intended to boost oversight by making prison operations more open. Experts argue that increasing transparency helps reduce abuse and brings prison practices into the public eye [para. 5].

The draft law has been released for public comment, with feedback accepted until May 29 [para. 6].

One focus of the amendments is to clarify the powers, duties, and supervision of prison authorities. The draft specifies that provincial-level judicial administrative departments, as opposed to police or prosecutors, will oversee prisons in their jurisdictions, and formalizes a police inspectorate system within these departments. This legal foundation aims to elevate the authority and accountability of supervisory bodies traditionally seen as less influential [para. 7][para. 8][para. 9]. Additionally, the law stipulates the need for coordination between prisons, courts, police, and prosecutors, fostering mutual oversight and checks in the enforcement of penal provisions [para. 10].

The draft articulates specific duties for prison guards, such as clearer conditions for the use of force and restrictions against passing unauthorized information or unduly influencing sentence reductions or parole [para. 11].

On inmate rights, the draft introduces an entire section detailing inmate rights and duties. Prisoners, while deprived of certain freedoms, remain citizens whose basic rights must be safeguarded even under incarceration. These include access to basic healthcare, with medical services pegged to local insurance standards. This is meant to resolve funding gaps, as prisons often incur higher costs than allotted budgets [para. 12][para. 13]. For work-related injuries, new procedures will be set by relevant State Council departments, reflecting the unique nature of inmate labor. However, the controversial issue of prison enterprise operations is not fully addressed [para. 13].

Visitation rights will be expanded to include access to legal counsel, and prisoners’ rights to appeal will be underscored, despite appeals sometimes being interpreted as a lack of remorse. A proposal is also under discussion to guarantee at least one hour of outdoor activity daily, aligning with international standards [para. 14].

For inmate reintegration, the draft calls for classifying prisons by security level and creating specialized wards based on health needs or rehabilitation. This is intended to better match security and programming to inmate risks and needs, gradually easing restrictions as inmates near release to support successful reentry [para. 15][para. 16]. Psychological health services, including counseling for all and dedicated treatment for juvenile offenders, are emphasized, with suggestions to involve more external professionals. Prisons will also be required to coordinate with community agencies to support released prisoners’ reintegration [para. 17][para. 18][para. 19][para. 20].