On The Protection Of The Rights Of Prisoners In Custody

The foundation of modern law is built on the basis of human rightsprotection,which means the right of prisoners that is not deprived still should beprotected by law, however, protection to prisoners’right is different form " cautiouspunishment"and "having mercy on prisoners" in ancient China, the latter presenting astrong benevolent color system which is not built on the basis of the concept of humanrights.However, protecting prisoners’ right on specific level is not the same withadmitting that "prisoner are also people " proposition on abstract space, publicawareness to the latter is much clearer than specific protection to prisoners. Therefore adetailed analysis of prisoners’ right that have lost and state clearly the scope andintensity of their rights have important theoretical and practical significance.Part Ⅰ: Overview of prisoners ’ rights.In the first part, it is about the definition ofthe concept of prisoners on the basis of the definition of human right,and pointing outthe characteristics of prisoners’ rights conclude: particularity of the mainbody,incompleteness of the rights and instability of the rights. The next is furtheranalysis of the dialectical relationship between deprivation of personal freedom andrights enjoyed by prisoners; Again, it is about the deep causes influencing the the rightsof prisoners,it mainly caused by the influence of traditional values of the execution andtraditional moral values, severe punishment policy and undue implications of theexecution power of jail,financial security was not sufficient.At last, stressing the needto protect the rights of prisoners.Part Ⅱ: Clarify the basis of prisoners having rights.First, the prisoners as "human"property requires, whether from natural attributes or social attributes that prisonersshould have protected rights; Second, the principle of equality protection in thecriminal law explained the important to protect prisoners’ right; Moreover, from thespirit of United Nations conventions which are about the protection of basic humanrights," demonstrating that we should make an improvement to protect the system ofthe rights of prisoners in custody.Part Ⅲ: On the basis of stating China has made a improvement in the protection ofthe rights of prisoners in custody, I analyse these problems we are suffering inprotecting prisoners ’ rights from three aspects:basic right to survival, the right toself-protection and self-development rights. The first, basic rights of prisoners to exist is to maintain the natural attributes of the prison, which include the right to life, theright to human dignity and the right to health; The second,the prisoners still have theright to the pursuit of self-protection, which mainly include complaints core sue right,the right to defense and the right to have a counsel intervene and the most importantright of self-protection—temporary execution outside jail, commutation, parole andother rights; Finally, the forth section describes the prisoners’ rights in labor rights andvocational training, get the information of developing society, accepting a higher levelof education,as well as other right in a higher level.PartⅣ：The specific ideas of protecting the rights of prisoners. The first,promoting social identity to the rights of prisoners in specific level; The second, makingup for the shortcomings and blank of existing laws, Criminal law and Prison lawshould be more specific and feasible;The third, the judiciary departments shouldenhance their cooperation on the basis of enhancing their duties to protect the rights ofprisoners specifically; In the forth, I emphasize again,jail should improve the hardwarefacilities to fulfill its concrete duty to protect the rights of prisoners; The lastone,actively participating of social subjects in monitor and developing their advantagein monitoring the work of public power.