The Research Of Legal Mechanism Dealing With The Death Of Criminal In Prison

Illness and death are natural law of human being. It is unavoidable for criminal to die in prison. Most criminals' death in the prison is natural death incident. But for the special properties of prison work, such as closure and penalty, criminal's relatives and all sectors of society know little about criminal's condition in the prison. Most of them are hard to understand criminal's death. Especially as the fast development of the whole society situation in recent years, the related laws about the treatment of criminal's death don't fit the situation and requirement of nowadays society, which has caused many blind spots and difficulties for dealing with criminal's death in the prison. The dead criminal's relatives apply for an audience with the higher. They break into the prisons and make troubles. They claim for a huge sum of compensation. They even sue the prison to court. The above incidents happen constantly, and seriously influence the prison's image and work. This article aims at this problem, starts with analyzing the legal mechanism of dealing with criminal, finds out the places needed to be further improved, and hopes to provide practical decision references for dealing with criminal's death in the prison properly.This article is divided into four parts:The first part, to state the main connotation of criminal's death in prison management legal mechanism. Combining with the physical truth of dealing with prison criminal's death,limit the research scope to "the criminal who is locked up in prison for punishment and reform, exclusive of the criminal's death happened for prison on parole and medical parole carried out outside prison",and introduce the legal mechanism of criminal's death in prison from four aspects which are emergency disposal, survey, right relief and information disclosure.The second part,to clear the basic principle of dealing with criminal's death in prison properly. The prison carries out the penalty to the criminal according to the law.But the criminal's rights which are not deprived by law should be protected. The incident of criminal's death in prison must be handled according to the law-based administration,procedural justice and humanistic. These are not only decided by the nature of socialist legal construction,but also the important reflection of our country's law-based governance.The third part, to analyze the oversight of legal mechanism of criminal's death in prison. From the jailer's angel of view, to analyze the present legal mechanism of dealing with criminal's death in prison. There are five aspects of deficiency: there are no complete legal system; emergency disposal lack's of operability; lack of inquiry procedure; single right remedy; information disclosure system has not been founded. The above five aspects are the main reasons for the difficulty of handling criminal's death.The fourth part, to put forward a legal idea to improve the management mechanism of criminal's death in prison. To deal with the incident of criminal's death in prison, the most basic precondition is to set up legalized processing mode. The content of this part stands under the background of law-based governance, applies legal thinking and pattern, aims at the five deficiencies of management mechanism pointed out in part three, designs and improves the related law system of dealing with criminal's death, which will be highly beneficial to the development of our country's prison work.