Study On The Protection Of Prison's Police Rights And Interests

Prison police rights are a general term,including their law enforcement interests as law enforcement agents and personal rights as ordinary citizens.These two kinds of rights in a certain environment coincides,but can not be separated from the two,isolated view.Because citizens take the law of the weapons,the law of their own legitimate rights and interests of the maintenance process,the first should be considered is its identity as a citizen.Prison police are a variety of identity of the complex,that is,the people's police,civil servants,but also ordinary citizens.Therefore,it is necessary to specify the rights and interests of the prison police in different forms of identity through different legal norms,but the reality is not the case.According to state law,the prison police perform official duties and perform their duties according to law.Article 5 of the Prisons Act stipulates that the law enforcement activities of the prison police,including prison administration,criminal law enforcement,educational reform and other personnel are protected by law.But in recent years,the prison guards in the law enforcement process,the legitimate rights and interests of the incident has often seen violence.The fundamental reason is that the prison guards rights and interests of the lack of security system,which its work enthusiasm and initiative had a very negative impact.Similarly,it has also hindered the normal management of the prison sector and the further development of the prison business.In the field of prison law research,the legal protection of prison guards has already attracted wide attention and has shifted from the periphery to the main front.In the process of research on the protection of prison rights and interests,a crucial premise must be clarified.Prison guards rights?What is its legal connotation?What are the specific provisions on the protection of prison rights and interests in law?In the course of this study,the contents of prison guards and interests are taken as the starting point,combined with some outstanding problems in the management and law enforcement of prison departments in our country at present,and some cases of lack of protection of prison guards in theory and practice,The root causes of the lack,and then on this basis to put forward targeted recommendations.In addition,in order to rationally and legally solve the relevant research questions,this article in the writing process,only around the statutory authority of the "prison law"and other relevant laws and regulations,for the protection of prison rights and interests of the loopholes in the assault.And on this basis,put forward a concept,in our existing"prison law" under the premise of the addition of the special rights of prison guards.In this way,the rights of prison guards are carried out under a more comprehensive legal safeguards system.Although there are many aspects of the idea that need to be refined and supplemented,it is still believed that under the rule of law,the prison reform is deepening Of the road,the idea will be achieved.