Prison Inmates Labor Right Of Legal Protection Research

As an important part of modern human rights, labor rights is every social members in their community or the state should be the basic rights, even the prisoners did to the state, society, others for their guilty behavior and negative evaluation by the state and society, but this kind of criminal law in the sense of negative evaluation in law is not enough to deny inmates still possess a country’s citizens fundamental properties. At the same time, domestic law, international norms on inmates are entitled for the basis of labor behavior and the related rights. Although based on the limitations of inmates identity, their labor rights in the subject, content, relief will be restricted, but more need to protect the weak, so the limit is from the source form should be the foundation of legal means to safeguard the labor rights. Therefore, we suggest that when considering purpose, prison security and order of execution, on the basis of international law, to protect the rights of prisoners work defined the limits of necessity and shall actively protect the rights and rights, should be the proper limits of rights shall be strictly restricted. The execution practice in our country, inmates labor rights exist content security degree is low, the lack of a comprehensive legal protection and institutionalized and prison as the execution subject exist the execution power abuse. Embodied in the practice of execution is affected by the traditional thought of punishment by law punishment, the right guarantee serious deficiencies, timeouts, and ultra physical labor phenomenon exists generally, professional labor skill training system common problems such as missing; In law to the lack of a clear legal provisions on labor remuneration, labor right remedy the lack of a clear legal basis, "overtime, overtime" without specific complaints, charges, such as administrative right of relief law non-existing problems; In security and labor rights relief labor protection facilities insecurity, inductrial injury after treatment too low. And safeguard the labor rights not only is helpful to arouse the enthusiasm and re-socialization of inmates, and fully embody the concept of modern execution, but also the need of human rights safeguard inmates. And guarantee the necessity, for the existing problems in the legislative protection through clear right of prison execution content, fully safeguard petitions, complaints and termers of accusation, clear labor time sufficiently protect inmates legislative measures such as the right; In establishing a new legal system, the establishment of inmates labor rights protection system of administrative reconsideration, administrative lawsuit system of labor rights termers, third-party social supervision mechanism; The ways to perfect the existing legal security system, improve the system of serving staff inductrial injury treatment, improve the inmates professional labor skill training system, perfect the inmates work reward system. At the same time should pay attention to set up the modern concept of execution is put forward, and strengthen the rule of law education of prison policemen. Eventually making inmates on the premise of fully safeguard the labor rights, according to the prison management by organized, planned in accordance with the reasonable arrangement, to participate in the work, study hard and master a certain business skills, so that when released after again toward the society can through their own labor savings and labor skills well adapt to society and good live, again so as to prevent crime punishment and the ultimate aim of prison execution.