Protection Of Prisoners' Private Rights

The study on the protection of prisoners'private rights is an important part of China's human rights protection work.Criminals are deprived of liberty or partial political power based on illegal facts,but their special rights have not been lost,and their legitimate private rights enjoyed by law are still preserved.All along,China has paid too much attention to the prison supervision function,emphasizing the safe bottom line of prison supervision,and neglecting the protection of criminals'private rights.Prisoners have been subjected to squatting corporal punishment,the“8511 system”has not been implemented,and abnormal deaths have occurred from time to time.With the continuous deepening of the reform of the judicial system,the prison should also be transformed in the concept of law enforcement.It is necessary to protect the private rights of criminals as an important part of the legalization of prisons.This paper studies the protection of criminals'private rights from four aspects.The first part is a general analysis of the criminal's private rights,which defines the criminal's private rights as the right not to be legally deprived for the purpose of satisfying individual needs during the prison sentence.The private rights of prisoners'are characterized by limitations,incompleteness,specificity,dynamics,etc.,which are different from the private rights of ordinary citizens.The private rights of criminals are located in the economic,personal and economic rights from the plight of the actual execution of prisons.The second part mainly expounds the necessity and basis of the protection of prisoners'private rights.On the one hand,the law stipulates the private rights of prison criminals in terms of content and form,indicating that criminals enjoy this part of the rights and sets guidelines for the implementation,then they should also fulfill the obligation to protect the criminals'legal rights.On the other hand,the protection of prisoners'private rights is an inevitable need of the rule of law in China,the improvement of citizens'legal quality,the function of ensuring prisons,and the security and stability of prisons.It is a developmental process to analyze the private rights protection of criminals from multiple angles.The basic citizen attribute nature of criminals and the realization of prison reform rights provide a corresponding basis for the protection of criminals'private rights.Based on the Constitution and the Prison Law,and a series of national laws and signed international conventions designed to protect the rights of criminals,China provides a legal basis for the protection of criminals'private rights.The third part focuses on the analysis of the status quo and actual dilemma of prisoners'private rights.The status quo of the protection of prisoners' private rights is mainly manifested in the low basic living security,inadequate protection of the right to health,unsound protection of social contact rights,inadequate protection of education rights,lack of intellectual property protection,and imperfect labor rights.It mainly faces five difficulties:First,there are problems in the legal norms concerning the protection of criminals'private rights,the construction of the legal system is not complete,and the incompatibility between laws occasionally exists.Second,there are deviations in the concept of criminals'private rights protection.Whether they are ordinary citizens,law enforcers or rights holders,there are different levels of conceptual deviations.Criminals can be basically recognized as the subject of rights,but subjective and objective factors.The impact still does not recognize and deepen the protection of criminals'private rights.Third,there is a lack of financial security,and there are problems in the financial security system and normative nature of criminals'private rights.Fourth,the safeguard and supervision mechanism is not perfect,the institutionalization of supervision of criminals'private rights protection is imperfect,the supervisory subjects are independent of each other,and a scientific and comprehensive supervision system has not been formed.The supervision effect is not obvious enough and lacks dynamic supervision.Fifth,the over-emphasis of the prison function leads to the weakening of the criminal's private rights relief system.As a penal enforcement agency,the prison emphasizes that the punishment and transformation function will inevitably weaken the protection of the criminal's private rights.On the basis of the general analysis of criminals'private rights,this paper discusses its legitimacy and basis,and focuses on the analysis of the practical dilemmas and causes of prisoners'private rights protection.It is aimed at the imperfect legal system,conceptual deviation,functional alienation,insufficient funding guarantee,etc.The reason for the dilemma is to propose a way out.The first is to strengthen the construction of the legal security system for prisoners'private rights,the second is to deepen the identity of prisoners'private rights protection,the third is to improve the financial security mechanism for criminals'private rights,the fourth is to improve the supervision mechanism for criminals'private rights,and the fifth is to strengthen the prisoner's rights relief system to play a role.