The Research On The Protection Of Prisoners'right Of Labor Remuneration In China

In today's society where human rights protection has become more and more important to all countries,the human rights protection of special groups,especially prisoners,cannot be ignored.Labor remuneration is an important part of the human rights content of prisoners,but it was recent years when scholars have begun to invest more in its research.In general,the guarantee of labor remuneration for prisoners in China needs to be improved and optimized.To protect the criminal's right of labor remuneration,firstly,it is necessary to define the main concepts,such as offenders,prisoners,and prisoners'right of labor remuneration and so on.Secondly,it is essential to clarify the theory of human rights,the theory of humanity and the connotation of the theory of rights and obligations to provide a theoretical basis for the protection of prisoners'labor remuneration.From the past to the present,it is well-known that our country has made great efforts to protect the right to remuneration of prisoners in prisons.Especially in the contemporary era,the protection of the rights of prisoners in China can be reflect in both institutional evolution and practices.While studying the current status of the protection of prisoners'right of labor remuneration,the existing problems of it also were exposed.In order to further study the status quo,and more important,to reaffirm its existing problems,it is necessary to carry out field investigations on the pilot prisons that have already implemented the system.And the L and H prisons in Sichuan Province have become the subject of investigation.During the investigation,the prison staff told that paying the labor remuneration to prisoners is a good method of prison reform into which put the educational concepts.It means that the actual remuneration could inspire the interest and enthusiasm of prisoners to accepting transformation,participating in labor,and developing labor skills.In addition,in order to manage and implement the system better,the types of work,the basic amount of compensation,and the assessment methods of the prisoners should be stipulated scientifically and in detail.It is certainly that there are several aspects should be improved,for example,the compensation standards are different,the public's recognition of the prisoner's labor remuneration is not high,and the state's relevant financial guarantees are not in place,etc..In a word,it is particularly urgent,necessary and feasible to fully implement and optimize the system of labor remuneration for prisoners in our country.In addition,the foreign countries such as France,Germany,the United Kingdom and Italy have great inspirations for the construction and implementation of the system of labor remuneration for prisoners,including the state has specific legal norms for the payment of labor remuneration to prisoners in which it specifies the classification of labor types,the calculation standards and methods of labor compensation,and the distribution methods of labor compensation,so as to coordinate the practical work.On the basis of the comprehensive analysis of empirical research and the enlightenment of foreign experience,it is not difficult to conclude that the protection of the labor remuneration rights of prisoners in China can be optimized from four aspects:strengthening social identity,introducing the special laws and also increasing some clauses in the Labor Law to protect prisoners' right of labor remuneration,and further promoting the implementation of the labor compensation rights guarantee system for prison inmates.