Study On The Procuratorial Supervision On The Criminals’ Human Rights In The Penalty Execution

With the rapid development of the rule of law in our country, on the one hand,the latest revised criminal procedure law writes in "respect and safeguard human rights" to Article 2,thus, establish a basic principle in criminal proceedings and the execution of penalty as well. On the other hand, the newly revised criminal procedure law also increased the content of the synchronous one and comprehensive one in the procuratorial supervision on punishment execution.That puts forward more specific responsibilities and requirements on maintaining fairness and justice and safeguarding the human rights of criminals.How to clarify the concept and scope of the criminals’ human rights?How to analyze the procuratorial supervision of punishment execution in our country?How to safeguard the criminals’ human rights from infringement?Lastly,how to locate and develop the procuratorial supervision in this kind of judicial system which is aimed to safeguard the criminals’ human rights?All of these cause big research and discussion about the procuratorial supervision on the criminals’ human rights in the penalty execution.Firstly,this thesis elaborates the concept and connotation of the criminals’ human rights so as to define and clarify this basic proposition of that.Meanwhile,this paper makes further exploration into the leading role of the procuratorial supervision in the criminals’ human rights guarantee as well as the impetus to the building and development of the procuratorial supervision in the penalty execution from the protection of the criminals’ human rights.Lastly and practically, this article puts forward several ideas about the development of the procuratorial supervision on the protection of the criminals’ human rights.This article discusses and studies in view of prosecutors at the grass-roots level.It tries to find and review the legislative and judicial loopholes in the theory and system design of the procuratorial supervision on the protection of criminals’ human rights in the penalty execution as well as the practical legal issues of that. Particularly,it makes proposals for the modification and perfection of the system of the procuratorial supervision on the protection of criminals’ human rights in the penalty execution by using comparative analysis, system analysis, empirical analysis and other research methods.