Chinese Criminals And Protection Of Human Rights Research

Guarantee for human rights of criminals is not only an important issue in the criminal judiciary, but a focus point that international human rights sphere pays much attention to and on which western antagonistic forces attack China. China attaches great importance to safeguarding legal rights of criminals all along. And during the long-lasting courses of socialist revolution, construction and reform, China has developed a set of unique theory of thoughts, policies and judicial systems. But on the whole, as a result of deficient systematic and special studies on this subject in academia, rare achievements are made. Consequently this article intends to make relatively systematic studies from different aspects on the guarantee system for the human rights of criminals in China. First, this paper defines the concepts of the human rights of criminals and the guarantee for human rights of criminals, stating the substance of the guarantee for human rights of criminals, and the subject, the object, the scope and the content of the guarantee. Second, the article tells of how the guarantee system came into existence and its developing process tracing back to the custody system before the new China was founded firstly, then the reform-through-labor system after China's foundation, followed by the system in several phases after the Prison Law came into effect, demonstrating the courses the guarantee system emerged, developed, perfected and finally legalized and normalized. Third, the thesis analyzes the theoretical foundations for the guarantee for human rights of criminals, pointing out the Marxist viewpoints are the three theoretical cornerstones of the guarantee system concerning Man can be reformed, and the criminal can also be reformed; Labour creates man and reforms man; The change of world outlook is an ultimate change. Moreover this writing also takes up other legal rights of criminals. Fourth, the paper introduces the concrete measures China has enforced to ensure the human rights of criminals and the effects obtained. Chinese government has taken many effective measures to enhance the criminal's rights including providing necessary material base for the criminals; providing education base such as organizing recreational activities and training classes, and setting up psychotherapy center; intensifying efforts to administer prison affairs, increasing control over self-censorship of judicial system; adopting a set of social steps in concert with the measures implemented in prison. In conclusion, China has taken efficient measures in both the aspects of reforming criminals and safeguarding the human rights of criminals, as well as acquired prominent achievements and made great contribution to human society.