The Research On The Guarantee Of Chinese Criminals' Labor Rights

The labor right is an important right for the criminals in prison, which is also an important aspect to guarantee human rights of criminals. To guarantee the labor right of the criminals is to affirm the labor value of criminals and it's the signal that prison is more civilized gradually. World Human Rights Organization and many countries admit the labor right of criminals, guarantee it well from the law and practice and have established a series of systems to guarantee the labor right of criminals. Commission of Politics and Law of CPC has put forward that re-crime rate should be regarded as the primary standard to measure work achievement in prisons and institutes where people are reeducated by labor and to guarantee the labor right of the criminals to the full is the inevitable way to reduce the re-crime rate and the inevitable way to speed up establishing socialism harmonious society. Making criminals work can let criminals acquire a kind of skills and some savings, which is good for the economic development of prisons and is good for social stability and peace of our country.Criminals can't get good relief after their labor right has been violated, for which the lack of effective law and system is the important reason in addition that the organization of executing penalty doesn't well perform the duties. Though it depends on many factors that the guarantee system of criminals'labor right is established, the law is the core factor. It demands our country to guarantee from the legislative level to establish the more effective guarantee system of criminals'labor right. In 1994, our country promulgated《Prison Law of the People's Republic of China》, which makes regulations from system level to guarantee criminals' labor right, matches the principles and requirements that the United Nations put forward about guaranteeing criminals'labor right in《Minimum Standard Rules on the Treatment of offenders》and has important significance in the development of legal construction in our country. But unfortunately,《Prison Law of the People's Republic of China》only regulates basic principles to guarantee criminals'labor right, which is hard to be performed. Up to now, national systems haven't been established in our country to guarantee some important labor rights of criminals, such as labor reward system, injury at work relief mechanism and occupation training of criminals. In this paper, the following five aspects of how to guarantee the criminals" labor right have been studied. The first part is Overview of Criminals'Labor, in which the history and development of criminals'labor, the attribute of criminals'labor, and the categories of criminals'labor right are analyzed, especially the connotation of criminals'labor rights. The second part is the Basis and Significance on the Protection of Criminals'Labor Right, mainly including:to protect criminals'labor right fully expresses the modern concept of execution; to protect criminals'labor right can motivate the criminals'enthusiasm to work; to protect criminals'labor right is benefit for criminals to be re-socialized; to protect criminals'labor right will help to reduce the re-crime rate. The third part is the Protection of Criminals'Labor Rights from International Vision. The paper firstly analyzes the relevant provisions about protection of personal right, property right and the right to receive education which criminals'labor right include in international conventions that the United Nations and International Human Rights Organization formulate. It also analyzes the specific provisions about protection of criminals'labor right in some developed countries in Europe, America and Asia. The fourth part is the Status of Protection of Criminals' Labor Right in our country and the Reason. Although there are relevant regulations in《Prison Law of the People's Republic of China》, it makes reformation more obvious than personal rights. The paper analyzes the status and defects of the protection of personal right, property right and the right to receive education which criminals'labor right include and then analyzes its reason. The fifth part is the Principles and Targets to Protect Criminals'Labor Right in the Current National Conditions and How to Establish Suitable System to Protect Criminals'Labor Right in our Country. Specifically, firstly, make legal systems more complete to protect criminals'labor right. Secondly, give criminals necessary remuneration according to the situation of our country. Thirdly, establish basic system to protect the criminals'personal right. Fourthly, establish criminal injury compensation mechanism and make it more complete. Fifthly, construct criminal occupation skill education system which is suitable to our national conditions. Finally, establish social endowment insurance system mechanism for criminals who are long-sentenced.