A Study On Human Rights Protection In Imprisonment Execution

In the country under the rule of law, the configuration of the prison value reflects the existence of politics, society and law. The prison is triple meaning unity of violent machine, social defense system and penal execution authority.While the current value concept of prison only put emphasis on its role as political violent entity, ignoring its property as defense system of social organizations and legal institution of penal execution. Based on the theory of human rights and the current situation of prisoner protection in China, the thesis puts forward the improvement measures to guarantee human rights of prisoners and innovation of current penal execution methods to enhance human rights protection system in executing judicial practice of maneuverability, thus better realize the basic purpose of punishment. The thesis comprises six parts, including about thirty thousand words.Part1:The general statement of concept on human rights protection of prisoners. It discusses the concept, nature of human right to clarify the dialectical relationship between ordinary human rights and the prisoners as well as the safeguard of the prisoners and prison execution.Part2:Theoretical basis of prisoners rights protection including humanity, equality and legal system, to reveal the essence of human rights protection.Part 3:The basic principles of human right protection. It put the rights of prisoners in the first place and reforms the prisoners to return society as the supreme goal, thus proposed five basic principles, including tempering, minus legal obligations, express statutory and special protection.Part4:The current situation of human rights protection. Firstly, it analyzes the current situation of jails in China and summarizes the enlightment. Then it points out the defects of the human rights protection referring relative regulations of existing laws and regulations.Lastly, it finds the legal basis for the enhancement of human rights protection of prisoners.Part 5:Suggestions to perfect human rights protection of prisoners. Prisoners'rights principle request judicial authorities to strengthen human rights protection in the criminal judicial process, turning the legal rights of prisoners into actual rights and execute criminal punishments scientifically. That is:first, perfect jail lawsystem; Second, assureprisoners' appeal rights, Third, entitle prisoners'rights to get lawyer's help;Fourth, give remuneration right of prisoners, Fifth, give equal treatment to released prisoners. Sixth, strengthen the supervision of the law execution.Part 6:Suggestions about the innovation to perfect penal execution methods. Methods innovation is to finish the prison execution; while the objective of prison execution is to help has the punished to return to society. The author suggested:first, perfect rewards and punishment system:Second, the application of the theory of restorative justice, third, perfecting restorative system.