The Right Guarantee Of Chinese Prisoners In Labor Reform

Labour is the means and basic rights of survival and development.China's constitutional stipulates that “labour is rights and duties of civil”.In the process of joining labor,China's labour enjoy basic rights including right to education,right of rest,right of remuneration and the right to security according to the law.As the constituent part of civil,serving sentences persons will become social marginal group when come into prison.Because the stipulation in prison law for “labour reform”,many people believe that their legitimate rights and interests,especially basic rights in labour reform have the characteristics of punishment and are hard to get safeguard.Thus,we need to point that even serving sentences persons accept forced labour,they still enjoy basic rights in labour reform,including right to education,right of rest,right of remuneration and the right to security(labour security assurance).The paper takes right guarantee of serving sentences persons in labour reform as study objects,composites previous studies,and research the current situation of rights enjoying for serving sentences persons in labour reform.The research framework spreads from three levels--find the problems,analyze problems and resolve problems to describe right claim and rights guarantee of serving sentences persons clearly.In the first part,raise the question.And the question is raised in the part of introduction and Chapter 1.By illustration of the concept of prisoner and rights protection,this paper puts forward that the topic of this thesis is to study the protection of prisoners' rights in the process of re-education through labor.The second part is to put forward problems.Through the research of the theory and practice in this paper,the author points out that there are many practical problems in the protection of prisoner's rights in the process of re-education through labor.Based on the problems mentioned above,it is pointed out that there are still some problems in the protection of the prisoner's rights in the labor reform in our country,such as the lack of clear laws and regulations,and the lack of enforcement of the laws and regulations;The third part is to analyze the problem,solve the problem,which is the main body of the paper in Chapter 3,4,5 and 6.In this part,the author will define the concepts of prisoners' rights in the labor reform and draw lessons from the provisions of international conventions on the prisoners' rights in the process of re-education through labor and compare them with the relevant provisions of labor rights in our country.The author also points out the gap between our country and other countries in the formulation and enforcement of laws and points out that we need to formulate more explicit laws and determine how to enforce the laws in place.