Research On The Protection Of Property Rights Of Inmates

Prisoners are those who committed crimes and punished by country to set term of imprisonment,life-time imprisonment and the death penalty. In order to maintain social justice and protect the legitimate rights of other citizens, criminal law is bound to pose restrictions and deprivation of the rights of prisoners.However,based on scientific criminal theory, there are three principals we should notice.First, criminals are also citizens. Second, criminals are citizens who committed crimes and convicted criminal.Last, criminals are those who can be modified and return to society. Though as a punishment, inmates should have basic rights as a person,especially legitimate property rights given by the constitution and the law.As a basic human right,property right is the foundation of human right.It is also the guarantee of other rights, such as liberty,equality.Our constitution clearly outline citizens’ legal private property is inviolable. So, from the point of protection of citizen right or help inmate renovate and return to society smoothly, inmates deserve the right of property which is not been deprived.However,in practice, due to the special identity and status of prisoner,there are many issues in protecting proper rights of prisoner in China. Law has its limitations, we usually consider the rights they should have in law and ignore the rights the should have. What’s more,under the current law,they have to exercise their petitions, complaints through prison and prison guard. The status disparities between prison and guard is huge difference.Without the restrictions and supervision of third party,those petitions which are not good for guard are actually in vain. The combine administration system of jail and enterprise make the benefit maximization as the first thing to do.Prisoners have to do extra-time,super-intense and high risk works.It will not be effective to protect their rights if they get hurt.The essay will analyze the practical reasons to the situations above and give some suggestions from the level of legislation and practice.As a country rule of law, we should truly protect prisoners basic rights.