Comments On The System Of The Relief Rights Of The Criminals

Except the rights deprived by law,the left rights of the criminals who serve in prison are legally protected by law without any doubt.However,due to the limitation of freedom,the criminal's right is vulnerable to violations.So it's important to improve the criminal right relief system.For The relief of right,it must be clear about the legal relationship that it produces.At present,there are three kinds of understanding of the relationship between the prison and the criminal : first,the judicial relation;second,the dual nature of both judicial and administrative relation;and third,the administrative relation.In response to legislation,some of the offender's rights cannot be remedied by filing a lawsuit.Due to the theory of special power relation,some of the offender's rights are completely excluded from judicial relief and can only be sought through prison appeals.At the same time,because the criminals are relatively isolated from the society,it is more difficult to obtain any help from the outside.These are obstacles for the criminals to obtain rights relief.Regarding these in profiting from Hongkong and overseas criminal right relief system,linking to our country's situation,it has an important meaning to perfect the remedy system for the criminal right.There are the following measures:first,on the basis of recognizing the essence of the relationship between the prison and the criminal,safeguarding the criminal right comprehensively,second,establishing independent monitoring board system and special hearing system,and third,perfecting a lawyer-assisted system and a judicial relief system.