A Study On The Right Guarantee System Of Prison Sentences

Prison inmates are a special social group,because of the particularity of their identity,which determines the particularity of the exercise of their rights.For most prisoners,as long as they are not deprived of political rights,the rights granted to them by law during the period of deprivation of political rights are not restricted,and they can be enjoyed and exercised.But at the same time,because of the particularity of the inmates identity that has differences with other people in the enjoyment of rights,such as personal freedom is restricted,the exercise of many rights must be through the help of others to exercise smoothly,in short,is attached to certain exercise right.For the prisoners,in many of the rights,the right of appeal is in prison is the most important and the most commonly used as a right,correctly handle the prisoners' criminal appeal cases for positive transformation of prisoners,resolve social conflicts,to better safeguard the harmonious and stable regulatory sites,truly plays a crucial role in building harmonious society.Over the years,the system of prisoners' appeal in our country has played an important role in correcting the unjust,false and wrong cases and safeguarding the legitimate rights and interests of the parties concerned.However,with the development of the legal system and the gradual establishment of the modern judicial concept,the shortcomings of the existing criminal appeal system are gradually highlighted.In practice,there is still a working mechanism is not perfect,the investigators is not strong sense of responsibility,the legal consciousness of inmates are relatively poor and many other issues,resulting in the prison staff abuse complaints,complaints,complaints to chaos phenomenon,leading to the judicial resources are wasted and the judicial authority is challenged,which restricts the sentence the criminal appeal personnel work smoothly,and even formed a vicious spiral.In this paper,Guilin,Guilin and Yingshan prison prison two prison officers working in all aspects of the complaint as the main object of study,to explore the influence of prisoners' appeal system in China to have real prison work,causes analysis of the existence of various problems such as the difficulty of appeal,appeal and abuse of the problem and combined with put forward some suggestions to improve the prison inmates complaint system of actual work,in order to further improve some help for China's prisoners appeal system.Prison inmates have their own unique characteristics of the complaint,the main body of the complaint is specific,the exercise of the right to petition the particularity of the complaint does not stop the execution of the penalty,etc..The prison inmates complaint can realize smoothly has important meaning on various aspects,mainly to protect the legitimate rights of the parties,to punish the real criminals,fully demonstrate the prison people-oriented concept of law enforcement,and earnestly safeguard the normal regulatory reform order,truly reflect the fair and impartial law etc..Our current inmates criminal appeal system in the actual operation process has exposed many problems,such as the implementation process at the level of the legal system is not perfect,and refine the existing prison inmates,prison staff to implement the appeal system imbalance caused by the long-term prison life,gradually lose consciousness and so on,what is more part of prison staff abuse their right of appeal,refusing to obey the management of the prison reform,awareness of the poor,seriously affected the stability of the prison,and even cause a potential threat.In view of these problems,combined with the actual work of the prison from the legislative level,the actual work of the judiciary and to enhance their own legal literacy and other three aspects to explore a more effective solution.One is to promote the reform of the system level,the reform of complaint procedures and procedures for trial supervision,the establishment of the criminal appeal system and standardizing the compulsory reply retrial startup,issued for inmates complaints punishment and prison sentence,establish Procuratorate of complaints and personnel transferred to the joint review mechanism,from the system level to improve prisoners' right of Appeal policy and the legal basis.The two is to promote the implementation of the implementation level,to further standardize the prison and prosecutors in prison inmates in the work of law enforcement in the process,it is a good system,good laws are only executed in order to achieve its real role.In case of good people can reveal its original utility,otherwise it is useless,empty talk,there is no practical significance.Therefore,the policy system,good place sometimes is more important than the other,execution is the key links,also allow inmates to establish confidence,maintain a good attitude,the key to the management of the prison to better.Three is to promote the improvement of the internal quality of prisoners.The development of things are generally linked to each other,are the result of the interaction of external and internal factors.So improve the inmates internal legal literacy,from the heart more consciously and the law,law-abiding,usage,so as to establish a stronger confidence in the rule of law in our country,which improve the inmates complaint system significance can not be underestimated.The prisoners of their legal literacy can be through the establishment of a legal aid workstation,a prison within the prison daily legal aid team and other channels,a variety of ways to the prisoners' promotion of legal knowledge,gradually improve the legal awareness and rights of prisoners.