Research On The Protection Of The Right To Complain Of Prison Inmates

The prison is the executive organ of the penalty,which is mainly responsible for the supervision of the prisoners and the transformation of the offender into a law-abiding citizen in accordance with the principle of combining punishment and rehabilitation,education and labor.With the continuous progress and perfection of China's socialist legal system,great progress has been made in the protection of the basic rights of prison inmates.For prison inmates,among the many fundamental rights,although the right to complain is classified as a special right of the prisoner,it is not a substantive right of personal rights,labor rights,right to education,political rights,etc.,but it belongs to the right of the prisoners to relief,there is no guarantee of the right to relief,and the substantive rights are useless,thus,the right to complain is of great significance to the relief of the basic rights of prison inmates,to actively reform the prisoners,to resolve social contradictions in a timely manner,and to better maintain the harmony and stability of the supervision places.This paper makes an empirical study on the protection of the right to complain of prison inmates by means of literature lookup method,case analysis method and questionnaire survey,and 200 prison inmates in L prison in H province as samples of investigation.It is found that the following problems exist in the process of exercising the right of complaint of prison inmates in our country,and the reasons are analyzed:first,the absence of the legal system at the macro level,mainly focused on the constitution,Criminal Procedure Law,prison law and related judicial interpretation,lack of specific operational provisions;There is not enough coordination between the prison authorities and the people's Procuratorate and the various departments of people's courts at all levels;The prison institutions themselves have low transparency in law enforcement and weak supervision Second,the microscopic aspects of prison police because of the inherent thinking and legal professional ethics and other factors,in the process of law enforcement can not effectively guarantee the realization of the right to complain of prisoners;prison inmates themselves have a relatively low level of education,can not correctly understand and apply the law,can not effectively exercise their right to complain.In order to solve these problems faced by the guarantee of the right of prisoners to complain,we should improve the relevant legal system from the macroscopic aspect,strengthen the supervision of interaction with the society,and enhance thetransparency of law enforcement.Second,we should further improve the prison management system and realize the coordination between the prison and the procuratorate and the courts,and the third is to improve the professional quality of prison police officers at the micro level,and to enhance the awareness of the rights of prison inmates and standardize the way of exercising the right of complaint.