On The Protection Of The Rights Of Prisoners

The law is based on rights,which means that the rights of prisoners who are not deprived should be protected by law.However,the prisoners seriously violated the social rights and interests,and the victimized society treated the prisoners with complex emotions and psychology.The protection of the rights of prisoners cannot actually be promised.In addition,the special legal status of prisoners makes them the most vulnerable group of the current socially disadvantaged groups.Therefore,it is of great theoretical and practical significance to study the status quo of prisoners' rights and systematically analyze the protection of prisoners' rights.According to the composition of prisoner's rights protection structure,this paper analyzes the meaning of rights at all levels,clarifies the scope and deficiencies of prisoners' rights,and attempts to achieve the same protection of prisoners' rights as ordinary people's rights.In addition to the introduction and conclusion,this article is divided into five parts,about30,000 words.The first part discusses the relevant theories around the protection of the rights of prisoners and observes the problems in the protection of prisoners' rights.Firstly,it summarizes the structure content of the rights of prisoners and summarizes the three characteristics of the rights of prisoners: the particularity of subject and content,the incompleteness of rights and the fragility of rights protection.Secondly,it sorts out the theoretical issues concerning the protection of the rights of prisoners.From the tension between deprivation of liberty and protection of rights,the balance between prison order and individual liberty,the level of prisons and the level of economic development,we analyze the sources of two different views against excessive rights protection and the expansion of power protection.Thirdly,from the disputes between criminals and prisoners,the standard of imprisonment,the living standards and medical scope of prisoners,the choice of labor types in prison organizations,the meaning of repeated appeals,the right to education,etc.,summarizing the practical problems of the protection of the rights of prisoners.The second part is to systematically clarify the value basis and normative basis of prisoners' rights.Firstly,starting from the concept that prisoners are human beings,the general theory of human rights protection is the physical,spiritual and social attributes ofnatural persons,which explains the theoretical basis for protecting the rights of prisoners.Secondly,it demonstrates the legitimacy of protecting the rights of prisoners and emphasizes the value orientation of anti-discrimination.The urgency of protecting the rights of prisoners is explained in accordance with the provisions of the two United Nations rights conventions and the basic requirements of the Basic Principles for the Treatment of Prisoners and the Prohibition of Torture and Other Cruel,Inhuman or Degrading Declarations.Thirdly,from the perspective of constitution and law,systematically analyze and summarize the prisoner's rights protection system,focus on the specific protection path of the prison law and its subsidiary norms,explore the law,and discuss the basic requirements for prisoners to regain their rights from the perspective of social law.The third part is to analyze the basic rights in the prisoner's rights structure-the content of the right to life.Firstly,the protection of prisoners' right to life is divided into three levels,namely,the protection of the right to physical and mental health in the state of imprisonment,respect for their personality,protection of religious beliefs and family emotional associations and other basic rights.Secondly,in view of the current applicable standards of restraint and confinement,living conditions,types of labor and rhythm,health care protection and other controversial issues,a relatively clear and systematic plan is proposed: it is recommended to use cautious punishment in the regulatory environment,living environment Not only does it meet the space requirements,but also the room is ventilated and the environment is clean.Prisoners enter the minimum social insurance coverage.The prisoners who are about to release the work should not over-pursuing economic benefits but should have the nature of training labor skills.Thirdly,to change the title of "criminal",in order to respect the right of personality,you can use the title of the prisoner.Finally,the prisoner's religious beliefs and family-related rights are appropriately protected.The fourth part analyzes the right to self-protection in the prisoner's rights structure,including the right of appeal,the right to sue and the right to defense.Firstly,the three important rights,such as the right of appeal,the right to sue,and the right to defense,are extracted from the existing laws,indicating the importance of giving these rights to prisoners.Secondly,protect the right of appeal of prisoners,and point out the concepts of “unreasonable appeal” and “entangled complaints” in relevant judicial interpretations,pointing out possible errors in the application of concepts,and expanding the scope of appeals,and explaining the theory that “appeal does not affect commutation ".Thirdly,explore effective ways to protectprisoners' self-protection rights,especially in the state of imprisonment to protect the right to sue,and provide administrative supervision,litigation supervision and channels of letters and visits,giving prisoners more rights to relief.Finally,in the face of the lack of self-defense capabilities of prisoners,they seek to broaden the way legal aid is provided to prisoners,improve the procedures for prisoners to exercise their rights,and expand the scope of legal aid.The fifth part analyzes the right to expand the prisoner's rights structure-the content of re-socialization rights.Firstly,given that prisons have always weakened the protection of these rights,it is clear that the re-socialization of prisoners is not only able to maintain society,but also the content of prisoners' self-development.In fact,since the social rights of the prisoner must be restored after the punishment is over,it is necessary to give the prisoner the right to socialize again.Secondly,in addition to some specific prisoners,it is recommended to include parole in the content of ordinary prisoners' rights.More than 90% of prisoners sentenced to deprivation of liberty should have the right to request parole,which is a transition period from imprisonment to free life.Thirdly,in the field of imprisonment,the feasibility of combining prisoners in production labor and skills training was discussed to ensure that prisoners possess vocational skills.Finally,in the later stages of the execution of prisoners,the content of prisoner education is enriched to ensure that prisoners are better and better integrated into society after being released.