Research On Human Rights Protection Of Chinese Prisoners

How to treat prisoners has always been an important subject in human society.With the development of the international human rights movement,human beings have come to realize the human dignity of prisoners.Rules for the Minimum standards for the Treatment of Prisoners were adopted by the First United Nations Congress for the Prevention of Crime and the Treatment of Offenders in 1955 and the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment by the General Assembly in 1984.Of course,the law on paper is not necessarily the law of life.The development of international legal instruments is one thing,and how to realize and guarantee the human rights of prisoners is another.Before the reform and opening up,due to the influence of Chinese traditional thought of heavy punishment,backward economic development,unreasonable prison layout,remote environment and backward facilities,the corresponding system construction was not in place,the concept of punishment was backward,and the level of protection of prisoners' human rights treatment was backward.For a long time,the treatment of prisoners in China has been the focus of attention of the international community,and has even become a sensitive area criticized by western countries led by the United States,such as torture and hard labor.Since the reform and opening up,with the development of economy and rule of law,the concept of prisoners' human rights has been gradually established,and the treatment of prisoners' human rights in China has been gradually improved.In particular,the newly revised Rules for the Minimum standards for the Treatment of Prisoners were adopted at the eightieth plenary meeting of the seventieth session of the United Nations General Assembly on17 December 2015,and their contents have been greatly modified and enriched.How to establish the correct concept of prisoners' human rights,objectively evaluate the current situation of the human rights protection of prisoners in China,and how to improve the human rights protection system of prisoners in China is a very important and urgent task at present.In view of the above,the purpose of this study is to carry out a study on the human rights protection of prisoners in China.Chapter one analyzes the argument of the theory of moral and utilitarianism of prisoners' human rights protection in academic circles,and clarifies the main problems of this paper —— which is more suitable for prisoners' human rights protection? Is there any other basis to choose from? On the basis of making clear the orientation of the full-text problem,it points out the direction for the next qualitative problem and solving the problem.The second chapter analyzes the transformation of prisoner status from object to subject by combing the history of human prisoner concept and international and domestic legal documents.In the history of ideas,there are three academic approaches to the subjective understanding of prisoners,one is divinity theory,the other is contract theory,and the third is justice theory;In the international and domestic law section,the relevant UN documents and domestic laws are analyzed in general.It was found that the principle of moral priority and utility should be upheld in the treatment of prisoners.The third chapter describes the current situation of human rights protection for prisoners in China.Combined with the data of the human rights assessment of Chinese prisoners,it is found that the human rights protection of Chinese prisoners has gradually improved,but there are still many problems,such as financial pressure,poor environmental conditions,The root of these specific problems lies in the loopholes in the current prison system in our country,and the concept of discrimination against prisoners still exists.The fourth chapter expounds the strategy of protecting the human rights of Chinese prisoners.According to the problems in Chapter 3,four countermeasures are put forward: to ensure the comprehensive and timely financial input,to provide a good environment for prison reform,to perfect the current prison management system,and to establish a correct concept of prisoners' human rights.