The Study On The Private Rights Safeguarding Of Prisoners

Since the Third Plenary Session of its Eleventh Central Committee,China has repeatedly raised ruling a country by law and building a socialist country governed according to law.The characteristics of a socialist country governed according to law is a sound judicial system and procedure.As an important content of legal system construction,the protection of prisoners'rights is a diligent direction of China. After the Prison Law is put into effect, prison management has been becoming regular,which better protects prisoners'rights.But there are still many questions in practice. For example, prisoners'rights,especially private rights are still infringed.It shows there are still many loopholes in this respect in our country,and prison management should be improved."The state respecting and protecting human rights"has been explicitly written into the Constitutional Amendment of the PRC in 2004, which provides more solid legal basis to the protection of prisoners'rights.As punishmentenforcement agencies of the country,the fundamental task of prison is to punish and transform prisoners.It can be seen from the law property of prison that in the four criminal litigations of investigation, prosecution,adjudication and enforcement,prison is the last one,also the most important one.The efficiency of prison directly decides the whole efficiency of the criminal proceedings.In practice, there exists such problems as unawareness and short of supervisory system about the protection of prisoners'rights.Some respects still needs to be improved,for example, The life quality of some prisoners was not well and doesn't achieve the required standard.Individual prison policemen break the law,violate discipline,beat and scold prisoners even to mobility and mortality.Some other prison policemen set weight management barriers for prisoners'exercising legitimate rights,saying to maintain control as an excuse.What the article studies is the protection of prisoners'private rights.The introduction elaborates background and historic process of the protection of domestic and international prisoners'private rights and proposes the issue.The text firstly elaborates basic types of the protection of prisoners'private rights,such as the right of body and health,ownership, intellectual property rights and so on.Then,the text advances the basis of protecting prisoners'private rights in law and theory,and analyses the necessity and possibility of protecting prisoners'private rights from four aspects:moral value,right value, law construction value and human civilization value. Lastly the text demonstrates in theory the rationality and legitimitat of protecting prisoners'private rights.Besides discussing the protection of prisoners' private rights in theory,the text also analyses its actuality at length.Fist of all,the text affirms achievements of protecting prisoners' private rights. Law construction and human rights protection in our country are constantly developing.Secondly,through analysing the defect and cause of protecting prisoners' private rights, we want to protect prisoners'private rights better in prison system construction, judiciary team construction and actual operation. Then,the text advances the procedure of protecting prisoners' private rights from relief by private or public force and self-help,and concretely discusses the relief to prisoners from personal rights and property rights.Lastly,the text brings forward some propositions to consummate the protection of prisoners' private rights,through perfecting Prison Law and related legal systems, improveing the supervision strength of enforcement and judicial review,offering more ensurance to prison enforcement.In ancient times, prisoners are basically no rights.With the progressive development of human civilization, the rights of prisoners began to be paid attention to by people. Modern times, with the development of international human rights, human rights in China have also got many international and domestic concerns. The development of human rights promote more attention to prisoners' rights. China begins to pass legislation, law enforcement, judicial and other means to better protect prisoners' rights. "Prison Law" has been awarded for 17 years since it was implemented 1994. With the social development and crime increase in the complexity of the phenomenon, "Prison Law" has been unable to meet the current changes in some aspects, leading to the implementation of legal trouble and inconvenience there.In this case, but there is no "prison law " interpretation of relevant laws to supplement and complete it,producing a legal loophole. And "prison law" lack of strict terms and standard operating standards in the expression, resulting buck-passing phenomenon in the judicial and executive practice. Only by improving the relevant laws and related systems, protecting private rights of prisoners, improving the socialist legal system,can we better protect human rights, and establish international image of China.