| According to Chinese’s" criminal law", those inmates who have the ability to work must participate in productive labor, which has become an important way and means for prison authorities to enforce the execution of sentences in China. Due to the traditional concept of execution, one-sided emphasis is put on criminals’ mandatory labor. Criminals’ labor is thought to be forced labor rather than voluntary and free labor, which does not apply to the provisions of labor law in China, thus the protection of various rights for criminals in labor is ignored. The issue of how compensation will been got when criminals are hurt in work has not been given due attention as well.In practice, prisons tend to give compensations to those criminals due to industrial injury on the basis of "Criminal Injuries Compensation (tentative)", but because the compensation standard is low, it is difficult to reach an agreement with the criminals and their relatives in dealing with criminal injuries compensation, visiting Litigation cases frequently occur, which has seriously affected the image of the prison in people’s minds. The reasons lie in the defects of the current compensation system for the treatment of offenders, such as the imperfect corresponding legal system, unreasonable injury identification procedures, low compensation standard, lack of security system for criminals’ work and even the lack of legal remedies.Therefore, correctly dealing with the criminal injuries compensation problems and maintaining the legitimate rights and interests of criminals for industrial injury are of great significance. According to the current actual situation of the prison labor of offenders, it is effective to strengthen legislation, to perfect the criminal legal system dealing with industrial injuries, to sound reasonable criminal injury appraisal model, to unify criminal injury compensation standard, to include criminal injury in the social scope of work injury insurance, and to establish social relief system for criminals in injuries in handling criminal injury compensation problems, maintaining the legitimate rights and interests of criminals and reconciling social conflicts. |
