Research On The Constitutional Rights Of Criminals In China

In the world today, the thought of the protection of human rights has more deeply rooted among the people, enjoying popular support. Our Constitution stipulates the respect and protection of human rights, which has opened a new chapter in the cause of human rights. The protective status of the constitutional rights of offenders in prison fully reflects the situation of a country's human rights protection and the degree of juridification. However, there are many deficiencies in the protection of our constitutional rights of criminals in prison and needs much improvement in criminal provisions of the law, the actual operation and so on. The theory and the practical importance of the research of the constitutional rights of criminals in prison should be comprehended without being told.Fine differentiation of the constitutional rights of offenders in prison can tell us about the status of our constitutional rights of offenders, problems and development path in different aspects. According to various criteria, the constitutional rights of offenders can be classified as criminals'ought-to-be constitutional rights and criminals'actual constitutional rights; criminals'constitutional substantial rights and criminals'procedural rights; criminals'constitutional material rights and criminals' constitutional spiritual rights; civil rights, political rights, economic rights, social rights, cultural rights. Protection and Restriction of the constitutional rights of offenders in prison follow certain theoretical principles. The main theoretical basis of constitutional rights of offenders mainly includes the principle of protection of human rights and the principle of the power constraint. The principle of the deprivation and restriction of constitutional rights of offenders embodies the legitimacy and the minimum.Only through the deep analysis of the status of the constitutional rights of offenders in prison and the problems can we predict the direction of the development of the constitutional rights of offenders and improve the ways to protect the constitutional rights of criminals. The protection of personal rights in Civil Rights of offenders is still inadequate, which mainly lies in abusing Handcuffs hand shackles, beating and corporal punishment of offenders, and condoning others to beat criminals. The phenomenon of the restriction of their employment qualifications after offenders' release from prison job is prominent, and the laws and regulations to restrict employment eligibility are growing, which seriously encroaches on the equal rights of criminals. Constitutional law and political rights of criminals are not uniform, some laws unduly restrict the political rights of offenders, and deprive criminals of political rights, which affected the exercise of political rights of offenders. Offenders'property rights are infracted in some degrees. Their fixed assets are occupied, embezzled or damaged, and often their inherited property is divided. Also, their stock rights are difficult to exercise. All these need to be improved. The criminals'labour remuneration merely exist in law, but it is quite difficult to achieve in practice. Besides, the religious rights of offenders can not be fully protected, and there are more restrictions, which has a big gap from foreign law practice. Criminals'overtime, super strength, super intensity labor is common, and the right to rest is often violated. Laws and regulations are not uniform, resulting in criminals' right to marry difficult to achieve.More Measures, various ways and multi-channels should be taken to strengthen and improve the constitutional rights of offenders in prison. Legislation ought to be improved, and the legal protection of constitutional rights of offenders is supposed to be strengthened. The constitution and laws should be intensified, and the contents of the protection of the constitutional rights of criminals and the maneuverability should be enhanced. The conflicts of laws should be coordinated, and the unity of the protection of the constitutional rights of criminals should be enhanced. The law enforcement should be strengthened to enhance the awareness of protecting the constitutional rights of criminals. The system should be reformed to innovate the reform mode of the criminals in prison. The supervision should be strengthened to expand the approaches to the remedy of the constitutional rights of criminals. The constitutional litigation should be implemented to establish the system of the constitutional review. The scope of the administrative review of the administrative litigation should be expanded to bring the constitutional rights of criminals into the administrative proceedings of the administrative review. The supervision of the procuratorial authority and community supervision should be strengthened and the supervision by the NPC should be integrated with the social supervision to protect the full exercise of constitutional rights of offenders.