| The prison, as the important component of the state apparatus, its function is to implement the policy " punishing combines with transforming, the aim is to transform people ", The primary task of the prison is to change the thought of the prisoners , transform them into the law-abiding citizen and earning one's own living. With the idea of running the country according to law is rooting in the hearts of the people constantly, the process of running the country according to law is being accelerated constantly, to punish according to law , to establish the prison by law , to modern civilization processing of the prison ,the new standard and asking are requested to management of the prison in accordance with the law. "The country respects and ensures human rights " issued in the new constitution, makes the political concept to be the legal concept on human rights, to prison , improving the idea of police to respect and ensure criminal's legitimate rights and interests, is a important question worth considering at present. First, the processing history of criminal's suitable punishment in our country. 1, " Rule of the prison "in the period of the last years of Qing Dynasty and the Northern Warlords' government; 2, The prison and prison regulation in the period of The Republic of China ; 3, The prison and prison regulation of the people's democratic government in the period of the new-democratic revolution ; 4, The prison and prison regulation in the period after the country's foundation . Second, the criminal's human rights should get guarantee in the judicial practice. The theory circle of our country thinks that at present, according to constitution , criminal law , civil law , criminal procedure law , prison law and other relevant laws and regulations, and the regulations of international treaty which our country concludes or participates in, the criminal's human rights should include the following contents : (1)Personality right ;(2)The personal security is not encroached on;(3)Basic living guarantee right;(4)Political right;(5)Civil right; (6)Communication and meeting right;(7) Working and resting right; (8)The rights of culture and education; (9)Appealed , charging , informing against , pleading right; (10)Other rights. For example ,The rights of absolving , giving reduction of sentence , conditional release , etc. The criminal endangers the society with its behavior, offends the laws and regulations , ought to receive penalty and administrative penalty . But why the criminal's right still be paid attention to while punishing ? Because: First, the universal significance of human rights . Criminal is human being equally, there for the people's fundamental right and people's dignity must be respected. Second, the criminal serves a sentence in the prison , accepts the education and transforms by force, this fact makes some rights of them need protecting specially for other social citizens. Only in this way , the human rights could be really guaranteed , the society progress and civilization could be embodied. Third, to protect human rights of criminal doesn't mean to deny law , the law spirit has been supplemented and perfected essentially on opposite. It is an important scale which weighs the horizontal level of the human rights of a country or region, it is an international question too. Third, the development of ensures criminal's right in the world and the problems at present in our country. The modern criminal's human rights theory is developed and perfected with the development of western capitalist class human rights thought. Many agreements and treaties had been reached on the human rights of a series of guarantee criminals successively in the world. " The United Nations Minimum Treatment Standard Rule to Prisoner "points out that the prisoner's human rights should include: Right of Intact life and body; Right of not to be maltreated by cruel torture; Right of health; Right of the human personality dignity; Right of being protected by proper legal procedure; Right of not to be enslaved ; The right of consciousness and freedom of thought; Right of religion; Right of family life being respected;Right of self-development. The launching of " prison law of the People's Republic of China " is also for meeting the needs of struggling in international human rights , responding the western media and human rights organization attacking the human of our country, therefore, the contents of the prison law are more principle. The advantage is that it is difficult to be attacked with its own handle , of course, it is hard to operate. There is shortcoming and idea disparity in practicing, First, the understanding,though we have so many laws and regulations to follow and basis, but in some prisons, a few police lack of human rights consciousness, they do not understand maintenance and protection of criminals, the understanding knowledge lags seriously due to the influencing of traditional habit. Second, during the enforcing activity , the phenomenon of playing with privilege, presuming on one's power takes place occasionally, beating and scolding criminal are not stopped yet. Third, the phenomenon of exceeding time labour is outstanding. This fact aggress upon the rest right, amusement right, education right, subsistence right and health right of the criminals. Meanwhile ,it needs strengthening and improving such as production safety, enforcing fairly, etc. Fourth, to strength the procedure and institutional improvement , guarantee criminals personnel's legitimate rights and interests actively. (1)The criminal's rights must be guaranteed during the law procedure when they are punished. It is not enough to prison on punish criminal only according to "laws of administrative penalty", the prison active operating steps must combine with the law, resolve the legal procedure into the concrete work. During administrative penalty procedure, the right of statement, right of defense of criminal, right of apply reconsidering, right of submit administrative litigation and right of asking compensation according to law can be ensured by the system of procedure. 1,Place on file and Investigation stage.2,Tell right stage. 3, Punishing suggestion decision stage. 4, Encroach right responsibility investigation , compensation and damage...
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