Research On Legal Issue Of Prisoners’ Social Security In China

The improvement of the social security system is a aim in the future from the report of Communist Party of China’s 17th meeting. It includes a foundation that social insurance, social relief, social welfare and a focal point that basic pension insurance, basic medical care and the minimum living security. At the same time, commercial insurance is a supplement. Some requirements are posed by the meeting that:social security system, covering both urban and rural residents, was established. Everyone enjoys the right of basic livelihood level and basic medical insurance. Referring to "everyone", we can not forget the prisoners. They are also citizen of our country and have citizenship and be protected by Social Security. For this article, it will introduce some concept, features and content about inmates and the security of inmates. Furthermore, analysis and discuss the necessity of establish a social security for inmates from the view of social practice and human rights. In addition some problems are pointed out based on the status quo. At the last, author put forward some law’s proposals of social security about inmates. The article has five parts, around thirty five thousand words.In the first part illuminate that writing the background, significance, research achievement, innovation and shortages.In the second part, the legal system defined about social security of inmate. The author displays some fundamental issues about the social security system of inmates. For example some concept and feature about prisoners, the social insurance system of inmates. And point out different point that object of security, manner and project. There are some benefits when a social security is established for the inmates. It will implement our commitment to the protection of human rights in China and perform standards of human rights international standards. At the same time, it is good at reducing re-offending of released prisoners and the re-socialization process. In the third part, the author analyzes the current situation of social security legislation about prisoners. The identity of the prisoners is discriminated against. It is excluded by society that medical insurance, pension insurance and unemployment insurance. There are some problems, for example low job placement, single contents about employment training and relevant laws and regulations are more scattered. That legislation of the social security prisoners lacks maneuverability. The legislative level is low. It lacks supervision and restraint mechanisms, defective legal and other issues.In the fourth part, comes to the social security model of the prisoners abroad. Firstly, the author elaborates the development process of a system of protection of the release from prison Most countries have established the system. Then author analysis legislative provision, institutional settings and characteristics projects from Japan, United States and Italy. There are some conclusions that complete legislation, specific responsibilities about organization abroad.At last part, it is the essence of the article. This part summing up some measures about social security of inmate and put forward some proposals of the establishment and improvement of the legislation measures.The contents are as follows:put prisoners into social security system by legislation; The system has a principle and aim.It ensures the basis living after release, reducing repeat crime rate, realizing the right of social security. At same time, it makes clear and definite the subject of social security, responsibility of all departments. The projects of social security of inmate conclude pension insurance, medical insurance and unemployment insurance; Reform the vocational and technical education of inmate from time, content, reward point of view; Prison enterprise carry out interrelated reform, in order to enhance economic profit and pay the labor remuneration of prisoners...