| In our country, the research for the guarantee of the rights and interests of the criminals in jail (hereafter referred to criminals) started much late but has received quicker development .In the practice of recent 20 years or so, there has been a great extent of improvements for the guarantee of the criminals'rights and interests, but generally speaking there still exists unbalanced development. In this article, in the eye of the judicial practice of the execution in prison, the author aims to make an objective analysis for the status of the guarantee of the criminals'rights and interests. Furthermore, the author will find out the existed problems, analyze their reasons and put forward the relevant countermove so as to, on the premise of the legal system, make further improvements to guarantee the criminals'rights and interests in the course of the prison's execution, to promote the civilization of the prison's execution in our country.There are 5 parts in this article.Introduction: In this part, the relationship between the human rights and the criminals'rights is illustrated on the concept of the human rights, in this circumstance, to explain the reason for legal protect of the criminals'rights. In the execution practice, the prison must make a full guarantee of the criminals'rights. In the meantime, in this part, the general information is introduced on how the criminals'rights and interests were guaranteed in ancient China . Furthermore, it is demonstrated the active significance of persisting in the guarantee of the criminals'rights and interests.In the first chapter, it is summarized the guarantee of the criminals'rights and interests in our country. The main contents in this part is to introduce the general information in our country from the ancient times, to analyze the present status of the guarantee of the criminals'rights and interests in our country and to demonstrate the active significance in the guarantee of the criminals'rights and interests. There are two structures for this status. In the first structure, it is to introduce the historical developing status of the guarantee of the criminals'rights and interests in our country and all the characteristics in different period. In the second structure, it is to introduce the legislation status to guarantee the criminals'rights and interests in our country on the basis of analyzing the to enumerate the contents on the guarantee the criminals'rights and interests. In the eye of the execution of legal practice, it is to analyze the real situation of the guarantee of the criminals'rights and interests. On the basis of analyzing the legislation and practice, it is to illustrate the missing phenomenon on the guarantee of the criminals'rights and interests in our country. In the macro point of view, it is discussed about the contradictions between the legislation and reality, criminals'demands and prison police's legal ideas, the criminals'requirements and the executive practice in prison, which leads to the dual straits of prison's execution and the criminals'rights and interests'guarantee. In the micro point of view, it is analyzed the contradictions and conflicts in the course of the prison's executive practice, which leads to the conclusion that the prison's executive practice lags behind the social legislative requirements. Furthermore, 6 misunderstandings are analyzed on the understanding and practice to the guarantee of the criminals'rights and interests both in prison's execution and legislative theory.In the second chapter, it is discussed about the factors to influence the guarantee of the criminals'rights and interests in the present situation. In this chapter, it is emphasized to demonstrate the historical influence of severe punishment to the guarantee of the criminals'rights and interests, the internal influence in the course of the execution to the guarantee of the criminals'rights and interests, the negative influence of lagging behind to the guarantee of the criminals'rights and interests in the legislation to the criminal execution and the influence between the contradictions in the prison's administration system and the guarantee of the criminals'rights and interests. All those four aspects are pointed out on how to influence the guarantee of the criminals'rights and interests, which are the contradictions between the historical culture and real practice, the legislation and execution and the execution system in prison and the selected means by the punishment executor. The key point is to analyze the current executive practice so as to illustrate the fundamental reason of the less progress on the guarantee of the criminals'rights and interests, which are the lagging behind of the legislation, the premature advance in the course of the prison's reform and the defects in the execution system of the prison.In the third chapter, it is discussed about the countermove on the guarantee of the criminals'rights and interests. This is the key part of the whole article with the contents based on the analysis in the former two chapters. Referring to the executive practice in prison of our country, several countermove and methods are suggested on the guarantee of the criminals'rights and interest in the current period. There are 4 semi-chapters. The first part is used to illustrate how to strengthen the theory research and innovation and establish a long-term system on the guarantee of the criminals'rights. It is mentioned that the recognition on the rules of controlling prisons leads to the legal extent of the prison's execution, even leads to the guarantee extent of the criminals'rights and interests. The guarantee of the criminals'rights and interests is gradual legal activity which needs to be updated constantly with the social historical development and the political civilization progress. Therefore, it is needed to strengthen the theoretical research on the guarantee of the criminals'rights and interests and take constant renewed means and methods to establish new system with safeguard measures. In order to make a concrete practice on the guarantee of the criminals'rights, executive ideas, means, technical innovations are emphasized. Three measures are put forward which includes to increase the science research ability of the prison's police, adhere to theoretical and practical innovations and to learn from or use the experience of other countries for reference. The second part is used to demonstrate how to make a steady progress on the guarantee of the criminals'rights and interests under the help of systematic techniques. It is mentioned that, in order to realize the most purified goals of the effects on the guarantee of the criminals'rights and interests, the key point for improving the guarantee of the criminals'rights and interests must be started in binding factors and to improve the sub systems. Generally, it is put forward to purify the executive administrative duties, to remove obstacles in the system on the guarantee of the criminals'rights and interests. It is also mentioned to improve the related legislative rules, to strengthen the legislative bases on the guarantee of the criminals'rights. It points out to renew legislative ideas, to clear the thinking obstacles on the guarantee of the criminals'rights, to standardize the executive activities in prison, to reduce weak links on the guarantee of the criminals'rights, and to raise the executive quality of the police to increase the executive responsibilities on the guarantee of the criminals'rights. All together are 5 point of views. The third part is used to illustrate how to consolidate the achievements received on the guarantee of the criminals'rights under the help of controlling techniques. Based on the relevant ideas and methods in the controlling theory, the premise conditions to control the prison by law is to do things by law in the course of establishing and amplifying the prison's legal systems. In order to make sure that , when there is a law, it must be obeyed , its enforcement must be strict, and the lawbreakers must be prosecuted, it is much needed to establish and improve the supervising and restricting systems in the prison's execution affairs. It will provide systematic guarantee to the fair execution with effective supervision and restriction on the power operation and promote the honest and clean government buildings of the prison's police. It is mentioned to improve the jail-affair opening system and enhance the executive transparency in prison. It is required to intensify the internal supervision and just execution. It is demanded to strengthen the external supervision and avoid back-door practice. Furthermore, it is suggested to put forward systematic reform and make progress on the guarantee of the criminals'rights. All together are 4 methods. The fourth part is used to illustrate how to make constant improvement on the guarantee of the criminals'rights under the help of information techniques. It is an urgent task to make a goal of strengthening the prison's basic abilities, taking an informative road and making a thorough reform on the traditional prison's control models which are already not adapted to the demands of the socialist democratic political development. In order to realize this goal, we should take active and initiative actions to adapt to the changed social, economical, political, cultural and living conditions. It is required to innovate the prison's control systems and set up a modernized technical equipments with the core of information so as to increase the standards of prison's modernization management and execution. That is to say, the prison must absorb in high-tech especially information and net technologies so as to form a digital prison based on electronic information and digital automatic transmission and gradually realize the prison's work digital, intellectual and informative which lead to increasing the working efficiency, execution efficacy, quality of reform and security precaution levels. It is mentioned to use 4 tunnels like network teaching, scientific executive means, digital surveillance and the practice of network.The fifth part is the conclusion of the article, which concludes three cores of illustration, suggestion and realization on the guarantee of the criminals'rights. That is to say, whether we can make a real emphasis on protecting and helping the realization of the criminals'rights and interests and lessen the harmness on the criminals'rights and interests; whether we can deal with the question of the criminals'rights and interests authentically and soberly with the real realization of the present situation of our country ; and whether there will be a harmonious solution on the contradictions between the legal strategy and the retaliation psychology from the ordinary residents to the criminals. Besides, four questions are mentioned on how to solve the existing problems. The first one is to solve the problem of lagging behind. The lagging behind on the legislature heavily blocks the guarantee of the criminals'rights and interests. Therefore, the basic law will be started to guarantee the criminals'rights and interests so that the law will be obeyed. The second one is to solve the problem on the opening of prison's execution and prison control affairs. To adapt to the legal systems, there should be a"sunshine execution"on the contents and process of the prison's execution and accept all-round supervision. The third one is to solve the problem on the legal attainment. The legal attainment of the prison police includes legal ideas, concepts, execution levels, efficiency and the ability on execution innovation. The legal attainment of the prison police will control the execution of the prison practice and have a most direct influence to the guarantee of the criminals'rights and interests. The forth part is to solve the problem on the means of execution. It is emphasized that innovation not only guarantees the criminals'rights, but also develop the criminals'rights.
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