Research To The Prison Supervision Institution Reform Under The Background Of Human Rights Protection

In recent years, prison incidents happened frequently. Some typical prison events exposed the regulatory activities, which is of improper or illegal. In addition to academic discussion, publicl’s concern once again promoted the oversight of basic rights for the regulated personnel. Nowadays, judicial reform is processing nationwide,"right" and "regulation" constitute the keywords in prison supervision institution reform. And "Research to the prison supervision institution reform under the background of human rights protection" also bases on the both contents.Research to the prison supervision institution reform under the background of human rights protection, firstly bases on the development history of prison, and forward explores the intersection between the history of reformation and the protection measure to regulators. On this basis, we are trying to find out the existing problems in the supervision institution and exploring the reform measures. So, we can achieve the aim, that is restriction of prison’s administrative power and safeguard of regulated personnels’basic rights. In the process of exploring prison’s historical investigation, prison chaotic phenomena and the reform path to prison supervision institution, we mainly use the comparative study, literature research and data statistics method to analysis and research. Preliminary, we completed two thesis:"The relationship between executive body of Prison supervision" and "Two-dimensional Investigation to The Source of Prison Procuratorial Power ". On the issue of executive body of Prison supervision and The Source of Prison Procuratorial Power,we achieved some understanding. Through research, the reform of prison supervisory institution needs concept updating of prison’s regulation and supervision,relationship maintenance between supervision main bodies’, law improvement of supervision entity law and procedure law, also the supervision methods’change,etc.All of these is the requirement of the institution, and also is an important factor to the further development of the institution.In this paper, the main body consists of three parts, based on plentiful historical data and practical data.All parts is under the background of "human rights" to regulated personnels’,including the historical investigation, the existing plight of the institution,and the choice of the path:The first part:The historical research of prison supervision institution under the background of human rights protection. By examining the historical evolution of supervision institution, conclude that all of the prison relevantly institution construction, including prison supervisory institution, is based on the social material. In this point, we probe the several times reformation details of supervision institution in history to found out the trajectory of "right" and "regulation" towards regulated personnels’.The second part:Development and restricting factors to prison supervisory institution under the background of human rights protection.Based on the study of the first part, these factors may restrict the development of prison supervisory institution:legislation, content, subject, supervision mechanism, etc. So,injecting necessary theory and practice analysis in these topic has a direct impact on further choice of reform path.The third part:Prison supervision institution reform path selection under the background of human rights protection. Aimed at the problems existing in the institution, human right of regulated personnel not only occupy an important position, but also is nowadays judicial reform points of focus.These reform involves concept update,which is of regulate concept and supervisory concept; The second is the perfection of entity law and procedure law; when it comes to the running of institution mechanism, the key methods mainly involve construction of systemic supervision body and change of supervision’s mode.