On The Scope Of The Rights Of Criminals

This paper aims to explore the rights of criminals should be defined the scope of related issues. This article holds that human rights constitute the fundamental source of the rights of criminals, the protection of the rights of offenders should be consistent with basic standards of human rights, human rights set a minimum level of protection of the border of the rights of criminals. Under the Constitution of the basic right of citizen is to determine the scope of the rights of criminals the most fundamental legal basis. Criminals accept the protection of the Constitutional basic rights, Restrictions the constitutional basic rights of criminals should apply legal reservations, the constitutional basic rights of criminals had been violated judicial relief should apply. Ordinary legal rights of criminals is to determine the scope of the rights of criminals an important basis, according to China's law, criminals enjoy extensive rights. Determine the scope of the rights of offenders should pay attention to study criminals were deprived or restrictions what rights. On the one hand, the rights of criminals are subject to legal restrictions expressly provided, on the other hand are subject to prison security and order, social and material living conditions and good customs of the constraints and other factors. Criminals rights has should have rights, legal rights and really has rights, Looked from the scope of the rights of criminals realistic dimension, not only to protect the legal rights of criminals to achieve, but also protect the should have rights of criminals be realized. China attaches great importance to the protection of the rights of criminals, the practice of execution for the protection of the rights of criminals is quite adequate, especially in some of criminals related to the survival of the fundamental rights of protection, but also in China's protection of the rights of criminals there are still some problems. For the effective protection of criminal rights, China must change our concepts, improve legislation and strengthen relief and strengthening supervision.Besides Introduction and Conclusion, this dissertation consists of five chapters.Chapter one outlines the scope of the rights of criminals, mainly analysis the concept, the characteristics and the historical development of the scope of the rights of criminals. Chapter two human rights perspective of the scope of the rights of criminals, mainly from the perspective of human rights to analysis the scope of the rights of criminals.Chapter three the scope of legal rights of criminals, mainly analysis the scope of legal rights of criminals.Chapter four the rights of criminals constraints, mainly of criminals the right to limit the scope of factors, including explicit provisions on legal restrictions on freedom of criminal content restrictions, based on the prison order and security restrictions, based on the social and material conditions of life Based on the social constraints and good customs restrictions.Chapter five the realistic dimension of the scope of the rights of criminals, from the real criminals have the right to the point of view of China's protection of the rights of criminals, the lack of protection of rights of criminals and strengthen the countermeasures.