Resarch On Criminals' Automomy Of Rights

The existence of "PRISON EXECUTION PARADOX" seriously restricts the practice of modern criminal penalty, affects the quality improving of criminals correcting via prison education, and in addition, also impacts secondary crime of the exconvicts. Modern scholars are reforming the prison execution through restorative justice and socialized criminal execution, try to weaken or remove the drawback of prison execution paradox, and reach the point of solving or remitting the social issues resulting from prison execution paradox. Such studying and striving have already generated some positive effects, but it still has a far way from social expectation, and has not find a fundamental method to resolve prison execution paradox. The writer believes it is better for the doer to undo what he has done. The fundamental way to remove the harmful effects of prison execution paradox, and to make the criminals successfully adapt to the society after their releasing from prison, is still rely on the prison and the criminals-the main part of prison legal relation; and, certainly, diversified social correcting subjects would be helpful as the a supplementary. Based on the discussion above, the writer hopes to try to break "PRISON EXECUTION PARADOX".Based on analyzing and discussing the criminal right autonomy concept, the current paper objectively analyzes the generation and present situation of the criminal right autonomy of our country. Pointing difficulties and causes of the criminal right autonomy facing in the practice, and discussing the practical rout of criminal right autonomy, the writer hopes to explore the way of breaking the prison execution paradox by criminal right autonomy studying, and open up a new way of criminal correcting.