A Study On Prisoners’ Rights Relief System

Civil right is one of the legal rights which are confirmed by constitution and by the law. It is owned by citizens and protected by the government. It should not only be printed on paper to pledge, but also should be realized through certain way. Persons who serving sentences are citizens as well, they are actually the vulnerable groups. Prisoner has his own right proper to him and should be helped to ensure his rights can be realized. This has been the universal implementation among nations of laws in today’s world. Our country has declared the right to prisoners in relevant laws. But as it was constrained by traditional culture influence and due to the restriction of the related theory research, rights relief in our country to prisoners lacks of institutional guarantee. This leads to the situation that technically even though prisoners have the rights, they are hard to enjoy it. Rights relief system of prisoners in Britain, Norway and Hong Kong provided us some beneficial reference. Rights relief system of prisoners is the guarantee of human rights and the realization of procedural justice. It is necessary to restrict arbitrariness of power of the state and to realize rule the country by law. All these have deep theoretical foundation. The lack of relief measure to prisoner’s rights not only prevents the realization of procedural justice, also goes against necessary restriction to national power. It does not conform to the requirements of the basic values of human rights. We should change our ideology, improve the administrative punishment procedures and accuse, appeal system, establish prison tour supervision system and prison administrative reconsideration system, give prisoner litigation right, set up administrative procedure. We should start with these security systems, and gradually perfect our prisoners’ rights relief system.