On The Construction Of Legal System Of China's Prisoners

Although they are penalized to be imprisoned and accept the penal punishment, prisoners still have legal personality and the citizen's legal rights which has not been deprived or restricted by law. In order to protect their legal rights, prisoners are entitled to receive legal services. Compared with the ordinary, they are the disadvantaged group and are more in need of the legal services as for their special legal identities and physical conditions. In china, it is necessary to establish a complete system of legal services provided for the prisoners, as to take such kind of service to the Course of Rule of Law, and provide strong guaranty for the prisoners.This paper discusses the theme of the foundation of the system of providing services for the prisoners from four parts. The first part gives a definition to the concept of legal service for the prisoners and the system of legal service for the prisoners, and then discusses the system's characteristic and its value. The second part focuses on the inevitability and necessity to establish such kind of system in china, and the discussion is based on the demonstration of western's relevant legal services. In the third part, the major problem of restricting the legal service provided to the prisoners existed in legal practice is emphasized, including present condition of the system, the incorrect understanding from many aspects and some problems in the executive system of the penalty. And at last, the design of the system is discussed here, in which some suggestions are put forward for the lawmaking and legal practice of our country, including providers, business scope, payment of the services, and legal aid, working methods, organization, and the relevant matters.