A Study On The Perfection Of The Guarantee System Of The Prison Prisoners' Right Of Complaint In China

In a case,after the judgment and order of the court are effective,they can produce legal effect and binding force on the object of the referee.The dispute state of the parties to the case is also broken by the effective judgment,but this does not mean that the parties have no dispute over the outcome of the judgment..At this point,if the parties have objections to the effective judgment,they can file a complaint with the judicial authority.So,in a criminal case,after the defendant has been tried by the court and the penalty has begun to be executed,how can he complain to the judicial authorities about the effective judgment? Compared to other subjects of criminal complaints,it is of paramount importance that the right to file a complaint against a person who has served a sentence in prison(a person serving a prison sentence)who objects to the outcome of the decision be guaranteed,since it is in relation to other citizens with personal freedom,Prison inmates are unable to exercise their rights freely because of their physical limitations and therefore need more institutional guarantees from the State.After the relevant provisions of the National law on criminal complaints,based on the social status of the prison prisoners 'complaints,the academic community has paid more and more attention to the protection of the prisoners' right to appeal.Therefore,it is of great practical significance to study the right of appeal of prisoners in order to promote the protection of the right of criminal complaint of prisoners.To protect the appeal power of the prisoners in accordance with the law to eliminate their dissatisfaction with the court's existing judgments and rulings,can effectively resolve all kinds of contradictions in the prison,and maintain a good security order in prison.The judicial authorities should further safeguard the credibility of the judiciary,ensure the fairness and justice of the law,and promote the procedural,standardized and institutionalized process of criminal complaints.How to exercise the right of appeal is always a difficult point in the processing of prisoners 'complaints.Because there are problems such as the unclear order of the subject of the complaint,the unreasonable establishment of the subject of the right to review of the complaint case,the unreasonable grounds for the complaint and thejurisdiction period,the imperfect system of the right of representation of the right of appeal,and the lack of clear provisions on the initiation of retrial procedures.Therefore,this article will discuss that the existing problems in the system of safeguarding the right of appeal of prison inmates include the imperfect legislation,the inaccessibility of legal relief channels,and the insufficient supervision of the implementation of the system of guaranteeing the right of appeal.Therefore,it is necessary to guarantee the reform and perfection of the legislation and ensure that there are laws to follow.We will actively explore ways to expand legal relief channels to guarantee the right of prisoners to complain,and establish a mechanism to supervise and run complaints under the system for guaranteeing the right of prisoners to complain.