Research On The System Of Guaranteeing The Right To Appeal Of Prison Inmates

The right to appeal is a basic right of serving the sentence,which embodies the humane care of serving the sentence,and is also an effective means to find and correct the wrong case.Although the Code of Criminal Procedure grants this right to persons serving prison sentences,in reality it is influenced and constrained by such factors as the traditional legal culture,the current complaints mechanism and the level of law enforcement by prison officials.The right of prisoners to appeal is not truly guaranteed,the way to appeal is difficult and the outcome of the complaint is not satisfactory.Therefore,under the current background,it is of great significance to improve the system of safeguarding the right to appeal of serving prisoners in our country,which is not only beneficial to correct wrong cases,but also beneficial to the enhancement of judicial credibility.This article is also based on the above background of the prisoners to study the right of appeal protection system,and will be from the following five aspects of China's prisoners to safeguard the right to appeal system.The first part first makes clear the concept and characteristics of the right of appeal of the prison inmates,clarifies the content of the right protection,analyzes the essential characteristics of the right of appeal,and thus clearly defines the scope of research and the appropriate remedies.The second part is the study of the extraterritorial comparison of the rights of prisoners to file complaints,and analyzes and compares the legal systems and practices of Hefaguo in the civil law countries and the United Kingdom and the United States in the common law countries to protect the rights of prisoners to file complaints.With reference to its experience,it can provide the basis for improving the system of safeguarding the right of appeal of Chinese prisoners.The third part analyzes the existing problems and reasons in the protection of the right to appeal in China's prisons,including the current situation and the specific problems in the protection of the right to appeal in China's prisons.Among them,the status quo of the right to appeal is discussed from the legislative status quo and judicial practice.In the analysis of the current situation of judicial practice,taking the work status quo of a prison in H province on the right of appeal of prisoners as an example,some problems in practice are found and summarized.Thus,on the basis of the legislation and judicial practice,we find out the problems existing in the system of safeguarding the right of appeal of the prisoners in our country,and analyze the problems from the aspects of legislation,supervision,and relief to find out the crux in order to analyze and deal with them.In the fourth part,the author puts forward some measures and suggestions for improving the right of appeal of the serving prisoners in our country.Through these measures and suggestions,the author aims to guarantee the right of appeal of the serving prisoners in a systematic and comprehensive way.The fifth part is the conclusion,summarizes the main contents and views of the full text,and reiterates the significance of studying the system of guaranteeing the right of appeal for prisoners and the direction of our efforts in the future.