The property of modern prison presents a diversified state and completely subverts the traditional concept of the prison. New public management theory states that the prison serves as public goods and belongs to the public service sector of the community. The origin of the United States prison privatization movement derives from the motivation to solve the problem of prison overcrowding. It is expected to lower the operating costs and improve the efficiency of prison management through privatization. Prisons in the United States are mainly in the form of “nominal privatization” prison including non-core prison business contract outsourcing, contract leasing and operating prison, cooperative management prison. The contract signed by the government and the private sector is the core of the privatization of prisons in the United States and the system design and institutional arrangements are in accordance with the contract.%现代监狱属性呈现多元化样态，彻底颠覆了传统的监狱观念。新公共管理理论认为监狱是公共物品，是社会的公共服务部门。美国监狱私营化运动缘起解决监狱拥挤问题，通过私营化降低监狱运营成本和提高监狱管理效率。美国监狱私营化的形式主要有：“名义上的私营化”监狱；监狱非核心业务签约外包；签约租赁和经营监狱；合作经营监狱。美国监狱私营化都是以政府和私人部门所签订的契约为核心，依照合同的约定而进行制度设计和制度安排。
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