A Study Of The Compensation For Industrial Injury Of Criminal

Criminal labor is an important part of prison work in our country.The labor performed by criminals is the means of penal enforcement implemented by the state through prisons.According to the traditional concept of retribution,it is considered that the participation of criminals in labor is involuntary and forced.Therefore,there has been a long-term neglect of the reality of protecting the rights of criminals as human beings and as citizens.In particular,the problem of how criminals are injured and disabled in labor reform and how to compensate for death has not received the attention they deserve,causing problems in the actual work of prisons.At present,when the prison handles the work accidents of criminals,compensation for workers with work-related injuries is generally based on “the Prison Law of the People’s Republic of China” and “the Criminal Injuries Compensation(tentative)”.However,due to the fact that the provisions of the Prison Law are too vague,the "the Criminal Injuries Compensation(tentative)" has been formulated earlier and the standard is very low,which has caused criminal for industrial injury who have the right to work to be unprotected and have no way to claim.This is easy to cause conflicts between criminal for industrial injury and prisoners,and serious cases may even affect the normal working order of the prison.The reason for this kind of phenomenon is that the current criminal compensation system for criminals in China has ambiguous regulations,low compensation standards,and unreasonable design of relevant systems.Criminal work injury relief is an important part of protecting human rights.With the continuous improvement of the rule of law in China,the research on the related rights and interests of criminals has gradually gained the attention of the theoretical and practical circles.Correctly treating and dealing with the compensation of criminals’ injuries and protecting the legitimate rights and interests of criminals can not only improve the level of human rights protection in China,but also deal with the problems encountered in the actual work of prisons.Therefore,it is of great practical significance to explore the compensation system for criminal workers.This paper begins with the argument that criminals enjoy the right to life,personal rights and labor in accordance with the law,and analyzes the particularity of criminal labor indepth,and concludes that criminal labor belongs to factual labor.The second part focuses on the demonstration that the labor management right of the prison belongs to the administrative power.In the labor management of the prison,the administrative legal relationship between the prison and the criminal is the administrative compensation for the nature of the prison compensation for the work injury of the criminal.The third part focuses on the problems of the criminal law application,the criminal injury identification,the disability identification system is unreasonable,and the compensation standard is too low.At the end of the article,it is first proposed to abolish the original "the Criminal Injuries Compensation(tentative)",and the Ministry of Justice will formulate new departmental regulations on compensation for workers’ work-related injuries.And then apply the unified criminal injury identification system,improve the compensation standards for criminals’ work-related injuries,and establish The criminal work injury compensation fund,the construction of the offender’s work-related injury insurance system,and the empowerment of workers and workers,and the exploration of a reasonable solution to the compensation problem of criminal for industrial injury.Only in this way,it can resolve the contradiction between criminal for industrial injury and prisons.