Research On The Procuratorial Protection Of Prisoner's Human Rights In Execution Of Punishment

Human rights go up on the historical stage as the product of western bourgeois culture. The west bourgeoisie human rights theory has formed an integrated and mature system after experiencing hundreds of years' development. Human rights protection recently has become the important strategy and method of developed countries represented by U.S. to attack and restrain China. The theory of human rights in China is both the need of political struggle with the western countries in human rights and the inevitable result of our government's attention on this field. As a special civil group, the human rights of the criminal was protected by the regulations of "The State Values and Safeguards Human Rights" in the Constitution of the People's Republic of China. However, due to some historical and current factors, human rights protection has not received enough attention. There are many phenomena in judicatory practice that the human rights of the criminal cannot be fully protected. Authorized the power of supervision by law, the procuratorate organ has responsibility to supervise punishment execution and criminal human right guarantee. The human rights of the criminal can not get away from the supervision and protection of procuratorate organ. Therefore, it is important to set up the procuratorate protection system of criminal human right.Proceeding from judicial practice, this paper tries to find out the shortage of criminal human right guarantee by anglicizing the present situation of criminal human right. It discusses how to develop the supervisory function of procuratorial supervision from the perspectives of procuratorate organ. The article emphasizes the procuratorate's leading role in the protection system of criminal human right. The author hopes that it can bring along other mechanism constructions, and finally promote the development of the protection system of criminal human right in our country.