On The Derogation And Protection Of The Personal Dignity Of The Offender

As a manifestation of human subjectivity dignity on behalf of the subject of respect and recognition, it can be expressed through personality rights. The offender,as a special social subject, also enjoys the dignity of the human dignity, whose rights include nature, subjectivity and subjectivity. There are inevitabilities of the derogation of the human dignity of the offender. The reason lies in two aspects: one is the offender itself and the other is the influence of the objective reason. This objective reason is reflected in the process of public power enforcement,the process of private relief, the process of mass media information reporting, and the process of assuming legal responsibility. There is also an improper derogation of the dignity of the offender,mainly in the following two aspects: First, the improper disclosure of the personal information of the offender; the second is beyond the legal responsibility of the offender should bear.Personality rights can be divided into general personality and specific personality rights. And both in the general personality and the right personality, personality dignity are at the core position. Since the right of personality is an absolute right, then the personality dignity as the basis of personality rights should also be divided into absolute power. The improper impairment of the human dignity of the offender is manifested in two parts, one of which is manifested as improper conduct of the public authority and the other is the conflict of rights in the private sphere. The law behind the dignity of the offenders is a kind of personal interest. You can utilize the legal rules and legal principles of interaction mechanism to achieve such personality interests. The principle of legality is one of the principles of the rule of law. It embodies the values of personal standards established by classical natural law,emphasizing the pursuit of human freedom and happiness. The establishment of the principle of legality makes it possible for the offender to try to avoid injustice from the law and prevent the improper derogation of the dignity of the person. With the deepening study of human rights thought,humiliation is no longer the main means to punish the offender, instead of the behavior-centered theory of liability, in the process of applying this theory, supplemented by the principle of responsibility and symmetry to avoid the improper derogation of the dignity of the offender.In the case of substantive rights, the partial limits imposed are concentrated in the right to life, property and liberty of the offender. Procedural rights should not be restricted, it can be embodied as a tool value, for the realization of a variety of specific human dignity to provide protection. At the same time, it can also fill the rights of the perpetrators of human dignity to provide a means of content. The derogation of the human dignity of the offender means that the content of the content has disappeared and the content structure is no longer complete. But the loss of human dignity of the offender means that the individual's personality deprivation,the elimination of human subjectivity. You can use the proportion of the relevant content of the principle to protect the dignity of the offenders to provide reference.Specifically, it first requires other subjects to take legal action against the offender to have a legitimate purpose, not only based on their own subjective understanding of the arbitrary evaluation of offenders, but also followed by the use of effective means.If there are a lot of means for the implementation of the offenders,you should choose the least damage to the human dignity of the measures to implement as much as possible. Finally, in the process of evaluating the behavior of the offender, it is necessary to measure the interests in order to avoid the improper derogation of the dignity of the offender.