An Analysis On A Case Of The Family Members Of Criminal X Liao Sued X Prison For Recompense For His Injury Suffered On The Job

In recent years,there has been many litigation cases due to criminal industrial injuries issues in China,in these cases,the compensation cases of criminal industrial injuries often become the focus of controversy. After their industrial injuries,the prisons in different areas,the different prisons in the same area,the same prison in different periods,even the same prison in the same period may have the different industrial injuries compensation systems to the different criminals,as a result,some families of criminals often don’t trust, understand,and accept to the treatment of criminal industrial injuries.Some people conduct petition,some people make visit deliberately or even gather a crowd and make disturbances,and then evolved into a social event,it affects prison security, stability and normal law enforcement activities seriously. Prison is struggling to cope with this,facing many pressures,resulting in a lot of manpower,material and financial waste.The main reason is the defective legal basis of criminal industrial injury accidents treatment.and imperfect treatment process.How to define the nature of the legal relationship between criminals and prisons?Can criminal industrial injuries issues apply "Work Injury Insurance Regulations"? How does prison deal with the criminal industrial injuries issues? Questions like these are not well resolved no matter in academic or in practice.What deprive criminals in prison is just the right of personal liberty,basic human rights still should be protected in accordance with the law.According to Article seventy-three of the Prison Law and the rights and obligations between prison and criminal,the legal relation nature between the prison and the criminal belongs to the compomer of the administrative legal relationship and the labor legal relationship.The criminal industrial injury should be protected referring to stipulations of labor insurance.[2001] No.013The Criminal Compensation Method (trial) although gives an explanation to Article seventy-three of Prison Law,the low standard is not suited to the status quo and cannot make up the social labor capacity loss of the criminal,it even cannot demonstrates the due guarantee of basic human rights of the criminal.Therefore,in real terms, we should constantly improve the criminal industrial injury treatment,timely modify and improve the relevant laws and regulations, improve the compensation standard according to the actual situation.We should further improve the social security system and broaden the rights relief approach.At the same time, in the process of dealing with such cases,the court should pay attention to the spirit of the rationality of law.The court should not only deal with the case in a fair and just manner and in accordance with the law,but also give full consideration to relevant legal provisions of the social effect in order to maximize the realization of legal justice and equity.