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On Realization Of Criminals' Human Rights

Posted on:2005-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2156360125965067Subject:Jurisprudence
Abstract/Summary:PDF Full Text Request
Along with the formulation and development of capitalist class' human rights and practice,the theory and practice of criminals' human rights are set up and perfected gradually.Since the 1950s,fully enjoyed human rights have been the common mankind-pursued goal as the development of international human rights movement.Criminals' human rights became the focus of international community because of their specific environment and special identity.Human rights can be divided into due right,legal right,and possessed right according to the angle of human rights'existence and realization.It is a basic form and universal law which human rights are realized in social life that turning from the due right to legal right then possessed right.Howerver ,in a country,perfect leagal provision on person's due right do not mean perfect state of human rights.There is a long distance between the legal right and possessed right.It is necessary to set up an overall and effective security system in order to change the state of human rights from legal right to possessed right smoothly.As a branch of human rights,criminals'human rights'realization is just like above.It is of great significance to analyze different elements which prevent criminals'human rights from being transformed from legal right to possessed right and then to establish corresponding safeguard systems,in order to realize the criminals' human rights.The summary of criminals' human rights.The criminal's treatment has experienced a history course which is from barbarous to civilized.In slave society,the slave owner class enjoy absolute privilege;the common people only have a few rights,and the slave even can not be seen as people.Under such environment,the criminal do not have right at all,only be regarded as the object of the right.In the feudal society,there is still not obvious progress in criminal's right,although the prison has been set up generally in every country all over the world,the systems of the prison was of relatively development also.Seeing the clue for the first time in criminals' human rights,it is after the capitalist class put forward the slogan of human right.At the end of 18th century,the movement of reforming prison connected criminal with human rights in American-European countries.It just made criminals' human rights mount the stage of human history finally.The proposition of criminals' human rights have solid theoretical foundation.First of all,the criminal is human being,both in the biology meaning and in the sociology meaning.As the composition of the society,the criminal should enjoy the right which people have .Secondly ,criminal should enjoy human right because of his citizenship.Moreover ,the criminals' human rights are the inevitable reflection which criminal have mankind need .At last,criminal are a kind of weak person in the society,they must receive the special protection of human rights.Criminals' human rights are the rights that the criminal enjoyed during the imprisonment in imprisonment organization according to their natural attribute and social attribute and enjoy special right due to their special identity.Criminals' human rights has unintegrality,specified and instability compared with general citizen's human rights because of their particularities of identity.The current situation of criminals' human rights of our country is the foundation of studying human rights' realization in our country.Since over half a century,the Chinese people under the leadership of Chinese government,with the posture of national doctrine, have been carrying on long-term and unremitting exploration and struggle,in order to realize the high ideal that Chinese people enjoyed abundant human rights.At the same time,with the progress of human rights of our country,China has scored certain achievements in Chinese criminal human rights' realization.The contents of criminals' human rights can be divided into four parts:the criminals' citizen's right;the criminals'political right,the criminal's economic ,social and culture right and other...
Keywords/Search Tags:Criminal, Human rights, Criminals'Human Rights, Realization
PDF Full Text Request
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