On The Protection Of Human Rights In Chinese Prisons

Human rights are progressing and advancing cause of justice, protection of prisoners' human rights is an important part of the whole cause of human rights. As a fundamental and valuable pursuit, protection of human rights prosecute to the end of enforcing criminal punishments. As for how to protect prisoners' human rights, what principles should be complied with, an integrated standard or standard minimum rules should be formulated, there are no mature theories,local practice of enforcing criminal punishments is varied, prisoners' basic human rights are often at the risk of infringement. Where are the good remedies? We ought to deliberate and research these issues seriously.This thesis sorted out and analysed different issues about guarantee of prisoners' human rights, it's composed of four sections. Section I was generally speaking, involving the concept of human rights, the definition of prisoners' human rights, the distinguishing features of prisoners' human rights.Section II objectivly described the current situation about protecting of human rights in Chinese prisons, while dealing with law system of human rights in prisons, the regimes of administration, the regimes of administration, education and supervision. It also analysed the main practical problems dealing with incorrect ideas of enforcing criminal punishments, the errors of enforcing the law, the backward in ensuring supply. Section III discussed how to protect and advance the human rights in prisons, raised the new ideas that remaking the prisoners is protecting their human rights thorouhgly, that safeguarding the prisoners' legitimate rights is the key to achievement of prisons' modernization , civilivation and regularity. In order to advance the level of protecting human rights in jails, it also proposed that enforcing criminal punishment upon foreign prisoners should be legislated, that prisons should be given the authority of arousing retrial, that prisons ought to act the leadingrole in deciding conditional release, that prisons' administrative expenditure should be increased with the advance of national economy, that prison law and regulation must be formed a complete set. At the same moment, it stated that the prison authorities should establish a whole set of policies full of humanity, properly conduct the relation between punishment and protection of human rights, the realtion between management with humanity and supervision with severity, the relation between the status of prisoner and the owner of human rights, 'the realtion between advanced demands and reasonable implenentation. Section IV inquired specially what the prison authorities ought to do for safeguarding the human rights of prisoners just at the present time.This thesis sumed up many fragmentary demands for protection of human rights in prisons, proved that protecting human rights of prisoners is justifiable and feasible, by means of discriminating some ambiguity, such as function of prison, status of prisoner, degree of depriving freedom, protection of foreign prisoners' human rights, stipulation on the treatments of prisoners, management full of humanity, the authority of suggesting or deciding conditional release, the authority of rebuking grievances or arousing retrial,and so on.