Study On Compensation For Personal Injury Of Prisoners On Labor In Prison

In recent years,there have been many cases involving personal injury of prisoners during their working period in China.In such cases,at the heart of the controversy,it focuses on the responsibility of the persons in prison,the amount of compensation and the standard of compensation.For personal injury to persons serving sentences during their labor,the proportion of liability borne by the prison and the exact amount of compensation may vary considerably.There are regional differences.For example,the amount of compensation in prisons in coastal developed areas is higher than that in inland ordinary areas,and there are also time-related differences.Like a prison,the amount of compensation for the same situation varies greatly from year to year,which leads to some of the family members of prisoners will show no acceptance,no understanding and no trust when dealing with problems in the prison.Some family members have resorted to litigation,even petition,and some family members even gained attention through media exposure,so prisons can only react passively,and human,material and financial resources were wasted.This has seriously affected the smooth implementation of prison sentences and the stability of supervision and reform order.The main reason is that there are no complete laws and regulations for reference,no unified compensation calculation standard and no perfect processing mechanism when dealing with the personal injury compensation of the persons serving sentences.This paper aims at several problems that are common in practice,but there are no good solutions in theory and practice: whether the prison needs to bear the responsibility of civil tort,whether it needs to bear the responsibility of state compensation,whether it can refer to the "Regulations on work injury insurance" for the compensation of personal injury of prisoners during the labor period,and how the prison should deal with it in practice.The main body is divided into four parts.The first part is an overview of the current situation of personal injury compensation for prisoners during labor.The second part is to identify the nature of compensation for personal injury during the labor of prisoners,analyze the labor nature of prisoners,analyze the difference between personal injury and work-related injury during the labor of prisoners,and summarize the status quo of compensation for personal injury during the labor of prisoners.The third part is to analyze the three viewpoints in theory and practice,so as to clarify the prison's responsibility and compensation basis.Through the interpretation and analysis of the tort liability,it is determined that the prison should not bear the civil tort liability.Through the interpretation and analysis of the administrative omission and the state compensation liability,it is determined that the prison should not bear the state compensation liability for the administrative omission This paper studies laws and regulations such as prison law,measures for compensation for industrial injury of criminals(for Trial Implementation)and regulations on industrial injury insurance,carefully analyzes and compares the current problems such as identification of personal injury,compensation treatment and calculation standards of prison inmates during their labor,and determines the legal basis and calculation standards for prison compensation.The fourth part,combined with this case,puts forward suggestions on the problems in practice and how to improve the treatment mechanism of personal injury during the labor of prisoners.