The Protection Of Inmates' Civil Litigation Rights

The civil litigation rights of criminals are an important part of their human rights protection.The rights of the criminals as citizens are also stipulated and guaranteed by the national constitution and laws.As a special group of people,the lack of personal freedom due to imprisonment,the criminal litigation ability of the criminals is insufficient,and the protection of civil litigation rights has great practical needs.At the same time,it can also strengthen the construction of the rule of law in prisons and promote the reform of criminals.It contributes to the development and progress of society and harmony and stability.This study focuses on the protection and relief of related rights and interests of criminals in the civil proceedings.Through the questionnaire survey of a prison in Shanghai and interviews with criminals who have litigation experience,the main types and problems of current criminal proceedings in prisoners are analyzed,and the system design that may be adopted in the future can be used to protect their legitimate rights and interests.The civil litigation rights of criminals are mainly concentrated in creditor's rights and debts,maintenance,support and matrimonial proceedings.However,due to a variety of factors,basically adopt a more negative attitude to deal with.In civil litigation,there are difficulties in arbitrage of criminals and the finding of suitable agents.Due to the fact of imprisonment,the detainee cannot know the corresponding situation in advance,and the communication with the agent and the interested person in the litigation has caused many difficulties due to the prison management system.At the same time,the evidence in the lawsuit cannot be temporarily removed from the prison to collect,nor can it appear in court to participate in the lawsuit.Therefore,in order to solve the above problems,it is necessary toprovide a good legal service mechanism for criminals in custody,and to combine the involvement of public lawyers with legal aid.In order to protect the right to investigate and collect evidence and the right to appear in the course of litigation,it is necessary to reform the existing management system,reform the prison communication meeting system,allow the franchise to leave the prison,and restrict the detention of criminals in court,so that the criminals are in custody.The problems encountered in the civil litigation process have been overcome.In order to further realize the long-term and effective protection of rights and interests,the civil escrow system is also an effective remedy mechanism for the criminal liability of the criminals in custody.The civil escrow system can play an important role for detainees in pre-existing prevention,participation in matters,and after-treatment.It will form a barrier to the relevant civil rights of detainees,hinder risks,and create a basis for their return to society.The protection of civil litigation rights of criminals needs to rely on the change of supervision and concept of punishment,to achieve the improvement of laws and legislative guarantees,the innovation of supervision methods and systems,and to take the civil litigation rights of criminals as the starting point,and to meet the legality of multi-faceted and multi-methods.Relief needs for benefits.