The Protection For Criminal's Rights Concerning Injury At Work

The situation of the protection of the human rights of minority groups and vulnerable group is the most direct criterion for judging the conditions of protection of the human rights in a country and also an important standard for judging the level of humane and civilization in a country. As minority group and vulnerable group in a society, the degree of the realization the rights of prisoners who are serving their sentences is the typical representation of human rights of minority and vulnerable group.Criminal worked when they served their sentences for a long time. Since slave society, the punishment on criminal had been changed from retribution to free punishment, and in the course of development of social productivity, the labor force of criminals were utilized gradually since the relative deficiency of means of subsistence, and then the application of the labor force of criminals reached the acme in feudal society. Since liberation in 1949, Chinese also has faced the problems of restoration of social production and deficiency of means of subsistence, so China put forth the measurement of reform through labor for solving the problem of some criminal only eating without laboring. With the change of social contradictions, the characteristics of criminal changed, but reform through labor still remained, which has become the basic culture and feature in prison management and has been clearly defined in Criminal Law and Prison Law of Chinese. From point of view of today, Chinese economy has grown more vigorously and the outlay of prison has been improved largely; moreover, the purpose of the labor of criminals has changed with the fast development of Chinese legal system; therefore, we need to investigate the of the characteristic of labor of criminals and we need to pay attention to the treatment of criminals'injuries suffered on the job, which can present the progress of society.Since the labor of criminals is ruled by laws, injuries suffered caused by labor should be adjusted by law; however, we find a strange phenomenon, namely, there is no laws which provide criminals with protection of rights including Civil Law, the judicial interpretation concerning compensation for damage of persons, Administrative Procedural Law, the State Compensation Law, the Regulations on Insurance against Injury at Work and Labor Law although we believed that there will be many laws can be used as reference. As the first law for guiding the prison work specially, Prison Law only prescribes that disposal with reference to the State Regulations concerning labor insurance and can the personal rights of criminals be managed by the word of reference?Judiciary issued the measure of compensation for injury at work of criminals in 2001, but puzzled that the law issued by the supreme organ of judicial and Administrative right of the state violates the relevant regulations in the Prison Law issued by the state in 1994 since it includes all sections from cure of the injury at work of criminals to gradation of disability and its compensation standards leg behind the times very long, which make people thinking about Nonet·Selznick of the United States said that nice law should not only provide the procedure, but also powerful and impartial and be favorable to define the public interests and reach the justice of reality. Pollock said, law can't make all people are equal but all people are equal before the law. The inequality existing in laws legalize the inequality, and how do the laws represent the impartiality? Especially making people puzzled is that criminals can't find the channel of relieving once they aren't satisfied with the compensation for injury at work. People usually say that the rights lacking relief are false, or they usually say that where there is no relief, there is no right, so the base of compensation for injury at work of criminals possesses distinct abuse.There are many problems of violating the basic principle of laws in the course of dealing with the compensation for injury at work of criminals, and these problem are worthy of research, but they have been discussed seldom by the theorists and the practice groups, which is closely related to not only the close of prison and the particularity of the group of criminals, but also some laws and regulation gives the legal appearance to some measures of dealing with, for instance, do the criminals labor for prison or the prison corporation? Is their labor protected by Labor Law? How does the compensation standard carry out after the injury at work happens?Is the Regulations on Insurance against Injury at Work or the measure of compensation for injury at work of criminals is applied? Does the General Principles of the Civil Law possess sanction to it? How do the criminals seek for relief when they aren't satisfied with the compensation? What is the principle of distributing responsibilities? Basing on the writer's analysis, when a criminal meets the injury at work, the appraisal of the injury at work and labor ability or the compensation for injury at work are dealt with by the prison according to the measure of compensation for injury at work of criminals issued by its higher authority, which is different from not only the general procedure of treatment of injury at work in the society, but also the compensation standard. Therefore, the treatment violates the spirit of lower-level law should follow upper-level law, and it can't present the principle of all people are equal before the law in aspect of compensation standard, and what especially makes us puzzled is that there is no channel of relieving when the criminals aren't satisfied with the compensation standard, which is not only the desperation of people who are injured, but also the sorrow of the people works for laws.Therefore, basing on the analysis of the characteristic of the labor of criminal in prison, the relevant laws and regulations concerning compensation for injury at work, the principle of distributing the responsibilities and the current situation of legislation, the writer put forwards that abolishing some laws and regulations issued by some low legislative branch and violating the spirit of lower-level law should follow upper-level law for avoiding the chaos in the course of executing laws; meanwhile, to establish the state's compensation system in the structure of legal system for protecting the vulnerable group comparing with state administrative organs. Certainly, since different judges in each local court will understand the law differently, and they will deal with this kind of problem according to different laws, the results of judging should be different and even the case aren't accepted and heard. To realize the social impartiality by law is the value of people who work for law and the significance of this dissertation.