Study On The Rights Of Imprisoned Criminals

The offenders in custody are known as the prisoners in relevant treaties of some foreign countries and the United Nations.It's the same problem when we refer to each of them.A growing number of scholars all over the world, who are attracted by this relatively remote field, start to pay more attention to it.Although the offenders in custody are sentenced to punishments and detention of transformation, they still enjoy a range of rights.The rights of offenders in custody, usually means the civil rights not deprived of and not restricted legally,and special rights as a criminal has.The protection of fundamental rights of the imprisoned criminals, which has been placed on a preliminary legal track under the impetus of International Human Rights Protection Convention and the Legal Process in China, still exists the deficiency emerges from time to time.There are so many issues need to be addressed one by one to safeguard the rights of the offenders in custody, as a result of the specificity of the rights and the mandatory of the obligation of the prisoners, and the complexity of the construction of the Legal system, especially when the latter is incompatible with economy and society development in the near future, which, to some extent, reflects the imbalance of the fairness and the defects of the justice. We should make an unremitting effort to absorb and update the philosophy of Law, and establish a rights protection mechanism of the prisoners according to the conditions of China.The paper mainly discussed the rights of the offenders in custody and divided into five chapters.Based on the analysis of the definition and the character of the theme,the paper referred to the content, the conflict, the obstacle,and the improvement of the rights protection of the prisoners.The following are the major contents of the chapters:Chapter 1 discussed the basic rights of the offender in custody. Four aspects were included, such as the concept and characteristics of offenders in custody, and the historical development and development trend, values and goals of protecting the rights of offenders in custody, and the features of the rights of offenders in custody, which are limited,progressive in developing, specific, and incomplete.Chapter 2 described the rights of the offender in custody in relevant treaties of some foreign countries and the United Nations.To understand relevant treaties of Foreign countries and United Nations is helpful for us in getting a full scope of reference material.On the basis of rights of offenders in custody in foreign countries and"Standard Minimum Rules for the Treatment of Prisoners", this chapter clearified that the rights of offenders in custody included material living conditions, personal rights, property rights, freedom of religious belief, culture, entertainment, education, the right to contact with the outside world, development rights, and the right of requesting and appealing.Chapter 3 stated the rights of the offender in custody and its protection mechanism in China. The fundamental law of the Constitution of our country confirmed that criminals has the basic rights as a citizen in the country. At the same time, they are also defined as the common criminals civil,criminal suspects,defendants, and inmates by Criminal Law, Criminal Procedure Law, and Prison Law, so that the rights of criminals determined to be more comprehensive. According to China's laws and relevant international treaties, the rights of offenders in custody in China can be summarized as legal rights and there is a right to two aspects.Legal rights of offenders generally include the following two aspects:First, rights derived from basic human rights and performed to be civil rights of offenders.The second is criminal rights to achieve the purposes of the penalty provisions, that is the actual enjoyment of the rights of offenders.In general,there is always a gap between the legal rights and actual rights.In China, the main protection of the rights of offenders in custody include:physical protection, legal protection, and security, social security, supervision, security and so on.Chapter 4 listed the conflict existed in the rights protection.From the prison layout, body configuration, operation mechanism and punishment concept, the article discussed the reality of the conflict and protection of the rights of offenders, to solve an arm post-judgment execution of punishment in the criminal justice rights protection. From the prison layout view, the formation of our current prison layout of the status quo is in compliance with "non-compete with the people," "inconvenient prisoners escape," "organization of labor reform" principles of thought under the guidance of most were built in remote, sparsely populated mountainous and rural areas, some even built in the mountains, Hu Dang, beaches,desert and other "safe areas."China's current judicial police from the situation of the prison to see around the protection of prisoners in the realization of the right to request, in the police force,the age structure of the judicial police,prisons specialized division of labor, treatment, professional attainment and other aspects of conflict.In addition,there are conflicts in the implementation of the existing penalty system,such as commutation of sentence,parole, prison, law enforcement and the implementation status of the conflict, the protection of relief rights of offenders was inadequate.Chapter 5 Chapter V discussed the obstacles and recommendations on protection of the rights of offenders in custody. Obstacles to protect the rights of offenders include sides:there is deviations for some law enforcement officers in enforcing the law; there is an unconsistancy between the rights by law and the rights the offenders actually enjoyed.Based on the analysis of barriers, this thesis put forward the following three proposals to protect the rights of offenders in custody:first, to improve the system of laws and regulations; second, to strengthen internal monitoring according to the law; third,to effectively implement the protection of the rights of the criminals in custody and to accept all aspects of external supervision...