试析监狱法文化的特征——兼论与创建现代化文明监狱的关系

监狱法文化的孕育、衍生和发展始终以监狱行刑、罪犯服刑及其双向互动过程为整合基础。罪犯既是我国监狱行刑活动目标的焦点，又是我国监狱行刑系统赖以有效运作的支点，也应当成为我国创建现代化文明监狱的逻辑起点。现代监狱法律关系和现代人权思想在本质上是一致的，人权性的监狱行刑宗旨无疑是现代监狱法文化的主干和核心。

An Analysis on the Characteristics of the Legal Culture of Prison--also on its relationship with the establishment of modern and civilized prison

The gestation, emergence and the development of the legal culture is based on the interwork of imprison execution by the prison and sentence service of the criminals. The criminals are the main objects on which the imprisonment execution system is established. The function of the imprisonment execution system embodies in the transformation of the criminals. In establishing the modem and civilized prison, we need first to consider the criminals. The modern legal relationship of the prison has the same essence with the modern theory of the human rights. So the imprisonment execution, which considers the human rights, should be the main contents and core.