The Study About Judicial Compensation Problem In Prison

The 'decision' of the Fourth Plenum of the 18th Central Committee of the Communist Party of China points out that judicial fairness,the improvement of judicial credibility and building a country under 'the socialist rule of law'should be guaranteed.The 'decision' stipulates that Public Security Bureau,procuratorate,court and Bureau of Justice should perform their own duties.The execution of punishment through prisons is the last part to achieve the finality in the criminal procedure.The fairness of punishment execution directly affects the fairness of entire judicial procedure.In the fourth group study among the members of Political Bureau of CPC Central Committee,President Xi proposed that we should work hard on making people feeling fair and justice in every judicial case.Prisoners receive punishment since they break the law,however,except the rights of personal liberties,prisoners' other legal rights should be protected.When they serve prison sentences,there are many factors damaging their rights of life and health.The number of cases related to prisoners or their relatives applying for national compensation since injury and disability caused by assault and abuse in the jail,work-related injury and delayed treatment in the jail' s hospital keeps increasing,however,few of them get relief through legal approach.Currently,national compensation or relief institutions are lacking to protect prisoners'rights.It is important to improve judicial compensation system to protect prisoners' legal rights,enhance public trust of prison and facilitate the development of symphonious society.