Thoughts On The Right To Education For Persons Serving Sentences

Currently, right to education is considered as a universal constitutional right of social members, and is also an important human right under the protection of the International Conventions on Human Rights. The right to education determines whether other human rights can be achieved, reflects the strength on the guarantee of human rights in various countries, and influences the degree of freedom of national citizens to integrate into the society. Civil subject qualification of persons serving sentences, known as special subjects, should not be deprived by conviction and punishment sentenced by country. Therefore, every citizen has the right to education, and the persons serving sentences should be entitled to the right to education. In the past, the purpose of punishment focused on the thought to punish the persons serving sentences so that various social rights of the persons serving sentences had not been effectively guaranteed, especially the right to education. In recent years, China has been highly concerned about education issues of the persons serving sentences, many measures were carried out to enhance and promote education opportunities for the persons serving sentences and to improve their educational levels. However, the right to education of the persons serving sentences had not been effectively guaranteed due to imperfect related legislation, undefined legal remedy way, incomplete guarantee measures, etc., which was not conducive to reducing the recurrence rate of crime of the persons serving sentences in China, and influenced the legalizing process and the improvement on the guarantee level of human rights in China. In the present study, country respect and guarantee obligations regarding the right to education of the persons serving sentences were analyzed, and deficiencies of educational environment and legal remedy way for the persons serving sentences in China were studied based on descriptions concerning related concepts and features of the right to education of the persons serving sentences, thus, making pointed references for suggestions and countermeasures to protect the right to education of the persons serving sentences, in order to guarantee the right to education of the persons serving sentences and promote the development and progress of the cause of human rights in China. The present study is divided into five chapters:Chapter 1--Introduction, described the significance, current situation, innovation and research methods of the right to education of the persons serving sentences.Chapter 2--Overview of the right to education of the persons serving sentences, mainly expounded the concept and features of the right to education, analyzed the particularity of the right to education of the persons serving sentences in terms of the subject of right and the content of right, and summarized the characteristics the right to education of the persons serving sentences.Chapter 3--National obligations on the right to education of the persons serving sentences, described the connotation and methods to respect and guarantee the right to education of the persons serving sentences, respectively.Chapter 4--Current situation of the right to education of the persons serving sentences in China, elaborated the imbalances with respect to educational environment in China, such as under-developed educational conditions and simplex educational contents for the persons serving sentences, and the deficiencies of related legislation and the absence of legal remedy for the right to education of the persons serving sentences, and further analyzed the deficiency of the legal remedy way for the persons serving sentences in China.Chapter 5--Concept of the guarantee of the right to education of the persons serving sentences. We should recognize that the key to really realizing the right to education was to seek a proper balance between restriction and guarantee to protect the balance of the right to education after describing the significance of the right to education of the persons serving sentences. Meanwhile, pointed references have been made to improve related legislation and legal remedy way and strengthen educational appropriations, educational measures, education teachers, etc. to guarantee the right to education according to the deficiencies on the right to education of the persons serving sentences in China in Chapter 4, and to really implement the right to education of the persons serving sentences.