The Studies On China Criminal's Personal Right And Safeguard

The"Prison Law"has stipulated criminal's basic right in detail. But as a result of kinds of reasons, the criminal right cannot be well carried out in the actual operation process. This article not only gives a briefly introduction of the criminal right realization situation and its correlation concepts, but also offers the opinion on safeguard the criminal right to realize.Safeguard criminal right hold a very important status in the jail work, and has made the indisputable progress and development. But under the new historic circumstance, criminal right not only in relief for the jail work government by law proposition, but also plays a important role in the international human right struggle. The purpose of safeguard criminal right is to protect all person's right. Therefore, the realization of protection criminal right is the vital duty that law entrusts with the jail police. In our country, the legislative form standards the officials behavior, guarantees the criminal right realization. From the view of social relations and social positions, besides the direct death penalty, a person who be sentenced in jail is the most pitful. A criminal who implemented the serious harm to the society, has offended the criminal law, a jail punishment is deserved, it is undoubted. On the other hand, for criminal's social position, they are easy to receive harms and their legally right is easy to be infringement. Therefore, the protection of criminal right has a special significance, from this point, to protect criminal right is the human right safeguard last barrier. Only then criminal's right obtains effective safeguard, all person's human right have the final practical safeguard.