| As a group that have been deprived of liberty and sentenced to imprisonment, persons serving the sentence are still ought to be respected and protected in terms of rights of life and health. It is an unavoidable question in constructing rule of law order that whether the right of obvious particularity can be guaranteed effectively. We are still exposed to shortcomings and defects in maintaining such rights under the existing legislative and judicial system. Typical case is represented by that when prisoner right is injured due to death, industrial injury, mala praxis and so forth, the current disposal mechanism is not adequate to safeguard and remedy as to objectivity and impartiality, as a result of which, fierce conflicts towards authorities of prison occur.The paper consists of three parts, namely particularity as well as course of protecting prisoner rights of life and health, status quo and problems, advice on improvement. It aims to reveal the main problems encountered in practice and its causes by summarizing actuality of legislation and administration of justice directed at rights related to prisoners’ life and health from the perspective of treatment for illness, invalidism and death under the instruction of theoretical analysis and comparative argument. Besides, it proposes countermeasures and suggestions targeted on ensuring life and health right of prisoners through expounding the analysis on identification and compensation standards related, ways to improve legal system, introducing society system and formulating regulations on death, industrial injury, medical disputes, together with entitling prisoners to litigious right and smoothing judicial relief channel. |
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