Study On The Right Of Labor Rewards Of Criminals In Prison

The value and specificity of the labor of criminals in prison has composed the specificity of the rewards right of criminals labor.Criminals are the major labor force who work in the frontline of the prison enterprises,and criminals jobs can produce material and spirit products,also reflect the value of their labor.The specificity of the criminals labor consists of three aspects,the limitation of labor right,the finite of distribution of labor fruits,the uncertainty of labor relationship.The right of labor rewards has dual attributes,not only in common rights,but also in private rights.The dialectics and unity of the right of labor rewards in common rights and private rights,is the important path which assist criminals to obtain their labor rewards.The promulgation and implement of the Prison Law of China has definitely stipulated and protected the legal rights of criminals in prison by the form of law code,which designate that the safeguard of criminals rights have been systematically admitted into legal system.However,on the one hand,the Prison Law in China is not particular and perfect,on the other hand our traditional legal culture and objective reasons in politics and economy has restricted the development,so there are lots of job to do on improving the rewards right of criminals labor,especially in the transforming and performing legal rights into actual rights.Keeping Up With the Times and perfecting the Prison Law,are the objective demands to further guarantee the rewards right of criminals labor.Thus,we should legislate and confirm the following aspects form the altitude of improving prison legal relations: criminals in prison should have the right of labor rewards;insisting on laboring modification and material benefits guarantee simultaneously;constituting scientific and rational standards on labor rewards;enacting the using range and method of labor rewards according to law,and separating labor rewards of criminals labor into several main parts,for example,turning over to the national treasury,establishing individual life security funds,establishing social liability compensation funds,granting individual expenditure,so we can enhance the operating function of the Prison Law;continually perfecting the execution of laws from all-round,improving the implementation capacity of judicial and administrative authorities,strengthening supervision,expanding rights almsgiving.