The Right To Work Of Incarcerated With Pending Trials

As a kind of special citizen, the incarcerated with pending trials should have the basic civil rights. However, in practice, the protection of their rights to work is always ignored. Therefore, this article regards the right to work of the incarcerated with pending trials as the object of research and discusses the legitimacy and peculiarity of it. Besides, comparing to the jail industy in the U.S., this article researches on the problems of protecting the right in China by way of questionnaire investigation and raises some suggestion to improve the protecting level. This article can be divided into five parts as follows:The First part analyses the conception of the right to work. This article uses the general conception of it, which means a group of rights arising from the process of working. In essence, the right to work is an essential part of human rights and a basic right of constitution. Citizens can own it unconditionally. However, the right to work is not equal to the labor rights and they are two diffrent conceptions whether in nature or in subject.The Second part analyses the legitimacy of the right to work of the incarcerated with pending trials. Firstly, this right has solid foundation of theory. Although the incarcerated with pending trials have no labor rights, this do not effect their rights to work. As a citizen, this right cannot be deprived because of detaintion. Secondly, the right has sufficiently legal proof. It can be found in both domestic documents and intenational conventions. Additionally, this right is very important to the incarcerated with pending trials, the supervision of the jail, the proceeding of criminal procedure and the stability of the whole society.The Third part analyses the speciality of the right to work of the incarcerated with pending trials. Undeniably, this right will be restricted as the incarcerated with pending trials are detained and will be different from normal citizens’. These restricted rights include the right to unite, the right to collective action and so on. Besides, this right is also different from convicted prisoners’ because the incarcerated with pending trials have the liberty to choose working or not and this liberty is decided by the defensive function of the right to work, the purpose of detaintion, the domestic laws and the international conventions.The Fourth part analyses the working conditon of the incarcerated with pending trials in the U.S. and in China. In America, the development of jail industry has provided different kinds of working opportunities and good working environment to the incarcerated with pending trials. On the contrary, there are still quite a lot of problems in jails of our country. The author has investigated some prosecutors in one province on the protection of the right to work of the incarcerated with pending trials and has found such problems as slave labor, overtime work, no payments and no technical trainings.The Fifth part raises some suggestion to improve the protection of the right to work of the incarcerated with pending trials in our country. Fistly, jails should set up the correct idea and strengthen the thoughts of protecting human rights in order to help the incarcerated with pending trials form the correct idea of work. Secondly, we should improve the law to fill a vacancy in the system level. Thirdly, systems of administration in jails should be promoted, including the prevention of slave labor and granting reasonable payments. Finally, much more supervision in jails is needed to correct the wrongful act. Only in this way, the right to work of the incarcerated with pending trials will be effectively protected.