Research On The Legal Protection System Of Inmates' Right Of Appeal

Inmates right of appeal is an important legal right confirmed by the law, it is an effective remedy for inmates when their legitimate rights violated by the public power, but in the stage of execution of punishment, due to the influence of the traditional culture of legal, existing complaints mechanisms of inmates and legal literacy of judicial police, the right has not been protected effectively, there are still many obstacles to the realization of the right, such as the difficult of complaints and other factors, it is neither conducive to correct miscarriages of justice timely and effectively, nor conducive to improve the credibility of the judiciary, so it is necessary to improve the legal protection system of inmates right of appeal and it is meaningful.In view of the background of above, this paper focus on how to protect inmates' right of appeal and it can be divided into five parts:The first part defines the concept of inmates right of appeal, by analyzing some related notions, we can accurately grasp the meaning of the concept and its basic features, on the basis of this, we further explored why we should safeguard the right of inmates, in order to provide basis for us to protect inmates right of appeal from the perspective of theoretical and practical.The second part research the current situation of the right of inmates, by means of making a thorough inquiry about the legal system, criminal execution censorship and prison management strategies, we can draw a conclusion that we are still facing many difficulties, such as the block of complaint channels, Unreasonable complaints procedure, the high cost of complaints, the little chance of achieving goals and so on. In addition, we also analyze the defects of traditional culture of legal and legal literacy of judicial police, through these efforts, we hope to find the key points to improve the legal system to protect inmates' right of appeal more comprehensive.The third part is a comparative study on the legal protection system of inmates right of appeal between other areas and China mainland, through learning the advanced experience of Germany, France as the representative of Civil Law System and the United Kingdom, the United States as the representative of the Common Law System, Combined with the beneficial exploration of China's Hong Kong, Taiwan, we can reference some valuable experience which can be used to adjust and improve the legal protection system of inmates' right of appeal from them.The fourth part is the most important part of the paper, we put forward many appropriate measures and recommendations to resolve these problems we have pointed out in the previous paragraph, advocate improving the legal protection system of inmates' right through the system design, the judicial practice and supervision, strive to achieve the goal of protecting inmates' right of appeal systematically and comprehensively.The fifth part is the conclusion, in this part, we summarize the main content and viewpoint of the text briefly, stressed the value of protecting inmates' right of appeal in preventing the miscarriages of justice and improving the credibility of the judiciary, Conceiving the future research direction of the protection of inmate' right of appeal.