Research On The Problem Of Criminal Grievance In Prison Criminals In China

The criminal appeal of prison criminals is an important way to obtain the right relief for the prisoners.The unimpeded complaint mechanism can effectively safeguard and guarantee the legal rights of the prisoners,making the prisoners understand the authority of the law and respect the law.The scientific complaint mechanism can restrict the wanton power of public power from the procedural link to highlight the principle of fair and legal value.However,the criminal cases of Prison Criminals in China are still not fully institutionalized in practice.There are many difficulties such as "difficult to put forward","difficult to reply","difficult to retrial","difficult to rejudge","difficult agent"and so on.The current criminal complaint mechanism of prison criminals is obviously unable to be satisfied with the development of the of Social Law in our Country.Therefore,through the typical cases of criminal appeals,the paper looks at the performance and influence of the criminal appeals of Prison Criminals in China and analyzes the specific reasons for the difficult criminal appeals of Prison Criminals.We try to investigate the mechanism of the extraterritorial criminal complaint handling to put forward the perfect countermeasures for the difficult criminal appeals of the criminals,Which is aimed to improve the construction of the prison in the rule of law in our country,the transformation of penalty execution supervision and the protection of criminals'legitimate rights and interests with the maintenance of the legal value of fairness and justice.The paper is divided into four parts,and the total of paper is more than 30000 words.The first part analyzes the current situation and adverse effects of Prison Criminals'criminal complaints in China through the typical cases.The article enumerates five typical cases to expound the difficult course of the complainant of the related criminals and list five concrete manifestations of the difficult existence of the criminal appeals of the prison criminals,and analyzes the adverse effects of the prison criminal's criminal appeal to the criminal itself,the penalty executive organ and the society.The second part analyzes the difficulty of criminal complaints from two aspects in cognition and legal mechanism,this paper expounds the specific reasons for the difficulties in the criminal appeal of Prison Criminals in China.The third part referring to the processing mechanism of the criminal appeals for Prison Criminals by foreign countries.It is points out that the treatment mechanism of Prison Criminals in Britain,the United States,France,Germany and Japan is more mature,and each one has different national characteristics.By comparing foreign mechanisms,we can understand the regularities,and thus obtain relevant institutional construction and inspiration from the foreign complaint mechanism.The fourth part puts forward the countermeasures to improve the criminal complaints of Prison Criminals in China.The paper analyse the theoretical mechanism of innovative exploration from the aspects of court,the procuratorate,the prison,the lawyer team,the criminal itself and the community looking forward to solving the existing problems of criminal appeals for Prison Criminals through the efforts of all parties.