Research On The Protection Of Prisoners' Labor Rights

Human rights are universally valued by modern countries and are the rights of every human being.Prison inmates as citizens of a country,their unclaimed rights should be protected.In 1994,the Prison Law was promulgated,and the labor rights of the convicted criminals were written into the law,but they were only principled.The 2004 Prison Law on the protection of labor rights is only a copy of the former law,At the same time,influenced by the concept of social revenge and the traditional sense of heavy punishment,there are still many practical problems in the society's understanding of the prisoners' labor rights.The lack of law has led to different implementations of the relevant regulations in the local prisons and the strength of the protection,and even some prisons simply ignore these regulations.Although China has approved many international legal documents concerning human rights protection after the reform and opening up,it has also made the human rights concept advocated by these documents empty talks because of various reasons of legislation and practice.Therefore,protecting the labor rights of prisoners in prison can not only bring our laws into line with the international community,but also promote the development of human rights in China.At the completion of the reform of the prison system,the reform of the prison system has separated the prison enterprises in the traditional prison system and completed the separation of revenues between prisons and prison enterprises.On the one hand,it focuses on the implementation of the purpose of educating and reforming criminals,and provides jobs for the prisoner's labor reform,but on the other hand,it opens up another guarantee path for the prisoners' labor rights protection.The prison enterprise is used as the fulcrum ofthe prisoner's labor rights reporting obstacles.The task of guaranteeing the labor remuneration,rest and vacation rights and social insurance rights of prison detainees shall be implemented in prison enterprises.In addition to the provisions of laws and regulations and normative legal documents,the labor rights of prison detainees shall be incorporated into the labor law.In the system,it is supervised by the human society department.To ensure that the provisions of the Prison Law are implemented.At the same time,the judicial remedies of prisoners are included in the civil lawsuit,and the labor disputes of the prisoners are defined as civil disputes,and the scope of supervision is expanded.Based on the analysis of the rationality of the prisoners' labor rights,This paper will analyze the rationality of the labor rights of prison detainees in prisons,and analyze the situation and causes of the violation of the labor rights of prisoners in prisons in China.Briefly summarize the foreign regulations on the protection of prisoners' labor rights.In combination with the background of "separation of supervision and enterprise" and the existing laws and regulations,normative documents,etc.,some suggestions are made for the protection of the labor rights of prison inmates...