Research On The Rights Protection Issues Of Sentenced Persons During The Transfer Of Sentenced Persons In China

The purpose of the transfer of sentenced persons system is through rescuing thesentenced to prevent the crimes. As the most important pattern of the internationalcriminal judicial cooperation, the transfer of sentenced persons system isn`t merely toachieve a win-win cooperation between the countries involved, but to pay moreattention to noticing and emphasising the protection of the sentenced persons`s rights,which is also the most easily to be overlooked by the theoretical study, the systemconstruction, as well as the judicial practice process. These three, the selectivelyoverlooked by the theoretical study, the systematic lack of the legal system and theabsence of the construction of systems and mechanisms related, are the real reflectionof our country`s prisoner transfer status. And these three problems also are theincentive that make the protection of the transferred poisoners`rights more and moreurgently.For the response of these problems exists in the transfer of sentenced personssystem of our country, based on our country`s system status and the present situationof the judicial practice, with reference to the international treaty, the bilateral treatyand the relatively mature experiences and practices of other countries, this thesis willadopt the method of comparative study and the method of value analysis to finger outthe insufficiency on the protection of the sentenced prisoners`rights during thetransfer in our country and put forward the proper countermeasures from differentvisions. The thesis mainly has the following several parts: At the first part, in order toemphasis the importance of the protection of the transferred prisoners`rights, theauthor mainly introduces the concept, the purpose and significance of the prisonertransfer system. At the second part, the author analyzes the embodies of the protectionof the rights of the transferred prisoners, based on the conclusion of commonconsensus and the reference of other countries`creative experience. The third partmainly analyzes the deficiencies of the protection of the sentenced persons`rightsrelating to the transfer in our country. And the last part is for the countermeasures, inview of these deficiencies, the author put forward several feasible measures andsuggestions to better protect the rights of the transferred prisoners.We can say that the problem of the transfer of sentenced persons is boththeoretical and practicing. We have to review the theoretical study and the status of the development of the practice in our country, further face and objective analysisthe problems and the insufficiency on the protection of the sentenced persons`rightsof our country. Only by scientific understanding of this proposition and accuratelygrasping of its connotation can we reveal the mainly purpose of the transfer ofsentenced persons system，realize the significance of the transfer of sentenced personsand promote the development of the transfer of sentenced persons cooperationbetween our county and others healthy and orderly.