The Main Problem Of The Protection Of The Rights Of Prisoners

It was derived from ethos of human rights protection that people paid attention to prisoner rights and treatment, and the ideology of prisoner rights protection engendered. prisoner rights were completely neglected in Slave society and the middle ages. From the Renaissance in14th century, west countries made effort for people’s dignity and people fundamental rights, to the appearance of human rights concept and humanitarian, and penetrating into law, they made human rights be the indispensability constitutional principles of the capitalist countries. The concept of human rights and humanitarian thought being popularized, reform of penalty and prison reform wind launched in the end of18th century, prisoner rights and the treatment of criminal being paid attention, the protection of criminal was incorporated in the view of the protection of human rights and prison improved category.Today, the status of prisoner rights protection has been quite concerned by countries of the world and the international community. The prisoner is a special group with bad status of rights protection, being taken most of material and spirit. The prisoner is a group that been deprived of the rights. They bear criminal responsibility and accept punishment for their criminal behaviors. But the punishment should be within certain limit, and wouldn’t overstep. And it should not harm to the fundamental rights that can never be deprived and violated. Basic rights is the rights that people must be entitled to satisfy the survival and development. The theory of the basic rights about prisoner rights justified that the prisoner has human rights and basic rights. The prisoner not only has right to life but also enjoy personality rights. Both human dignity and person are prisoner’s basic rights indefeasible, and never lost for the identify of the prisoner. The punishment to modern prisoners is no longer body punishment, but freedom penalty which limits person’s personal freedom rights. It makes prisoners be imprison in some times and limited in behavior. In china, some men of learning considers that prisoner’s rights should include political rights, rights of person, property rights, marriage and family rights and education rights, labor rights, litigation rights, and the other special rights provided by the criminal law; and some think prisoners’basic human rights should include the rights to life, health rights, the personality rights, social interaction rights, the right to receive education, labor rights, lawful property ownership, marriage and family rights, the right to protect the legitimate rights and interests of the self, etc. Professor BuYun Li considers,"criminals not only have citizens’political rights and the rights of the person, but also have widely economic, cultural and marriage and family rights.""Criminals also have rights to education, and the prison and labor reform authority are in duty bound to organize them to learn political, cultural, and scientific and technical knowledge.Our country’s criminal rights protection practice has been for several decades. In spite of our government has joined27international human rights conventions, which include<United Nations Standard Minimum Rules for the treatment of prisoners>, international Convention on Economic, Social and Cultural Rights>,<International Covenant on Civil and Political Rights>, etc for further respecting and protecting prisoners human rights, adjusted and enriched human rights protection policies criminals. And we have got some achievements, the status of criminal rights has improved. But there are still many problems. it blocks our country’criminal rights protection from further development. In addition, for the history of prisoners rights protection in China is short, lacking of practical experience and the influence of traditional culture concept, the way of prisoners rights protection in China will be very long and difficult.So, in order to perfect the legislation, reform prison’s management system, set up and perfect the prisoners rights security system and remedy system, we need analyse and investigate the united nations rules and international conventions related. The paper hope to put forward beneficial suggestions on Chinese prisoners rights protection by analysing the development of Chinese prisons rights, rights status, and restraining factors, combining with the prisoner rights provision and protection in the united nations rules and international convention and relevant system in western countries.