我国监狱法实施过程中的问题及对策

《监狱法》的颁布对指导监狱工作具有十分重要的意义，但在实施过程中客观存在的各级政府对监狱管理职权不明确，《监狱法》法律地位不够高，规定监狱保障经费没有落实，执行保障体制不细，与其他刑事法律的个别条款矛盾冲突，法律用语不规范，表述欠准确等困难和问题。只有提高《监狱法》的立法层次，完善《监狱法》的体系结构，修改与其他刑事法律相抵触的地方，增强监狱法可操作性，才能有力地推动监狱法制化、科学化、社会化的进程。

Problems in the Execution of China Prison Law and Countermeasures

The enactment of the Prison Law is of great significance to guide prison work. However, in the course of its implementation, there are a lot of difficulties and questions. For example, the governments at all levels have indeterminate powers and functions on prison management; the legal position of the Prison Law is not taken highly; the prison security fund specified by the law is not in place; the guarantee mechanism for law enforcement is not carefully established and even contradictory with clauses of other criminal laws; and inconsistent law terms and phrases are used as well as vague clause presentation. Only by raising the legislation level of the Prison Law, improving its system structure, modifying the conflicting parts with other criminal laws and enhancing its feasibility, can prison legislation, scientific management and socialization be realized.