Research On Civil Rights Of Prison Detainees

This article takes the overall promotion of the development of China’s human rights cause as its value and logical starting point and focuses on ways and means to realize and protect the civil rights of prison inmates,a large and special vulnerable group in society.Through collecting and sorting out the latest research results at home and abroad,as well as laws and regulations concerning the restriction and protection of civil rights of prison inmates in China,research and discussion will be launched.On the basis of summing up the constitution and development process of prison prisoners’ rights at home and abroad,the value and logical starting point of the research are determined.The standard pursuit of research is to realize,protect and promote the civil rights of prisoners in prisons.It focuses on three issues: effectively protecting prisoners’ personality rights,expanding prisoners’ identity rights,and actively promoting the realization of prisoners’ intellectual property rights.This article holds that the protection of prisoners’ personal rights includes not only prohibiting abuse and insult,but also trying to find ways to realize prisoners’ inalienable personal rights by further improving the legal system and promoting the positive actions of supervision units.The protection of prison prisoners’ identity rights is the central link in the effective protection of various civil rights of prison prisoners,eliminating the conflict between administrative regulations and national laws,taking the constitution and laws as the basic guidelines,standardizing the family visit system of prison prisoners,and establishing separate and limited marriage and childbirth systems for prison prisoners.For the protection of prison prisoners’ intellectual property rights,we should give prison prisoners full personal rights and property rights in intellectual property rights on the basis of clarifying the boundary between " duty-related behavior" and " non-affairs behavior”and establish a system for prison prisoners to compensate criminal victims with the property proceeds of intellectual property rights.Of course,due to the limitations of many practical conditions,the case study on the protection of civil rights of prison inmates in this paper is insufficient,especially due to the limitation of confidentiality rules,and many first-hand materials cannot be written into the paper.