Research On Social Insurance Of Prisoners

A prisoner is a person who has been sentenced by a People' Court to a criminal offense of more than fixed-term imprisonment.In order to maintain social fairness and justice,the law will inevitably deprive their personal freedom,but their legal civil rights are still enjoyed.Civil rights are the rights between equal subjects with the content of property relationship and personal relationship.Civil rights are most directly and closely related to the life of the family members of the prisoners,and aspects of the prisoners.According to law,prisoners shall enjoy civil rights such as personal rights,property rights,social security rights and so on.Social insurance system is under the management of the governmentand taking the state as the main body,according to certain laws and regulations,through the redistribution of national income and relying on the social security fund to protect citizens friom old age,disability,disease,unemployment and other disasters are given material help to protect the basic needs of residents.It is a social security mechanism that stabilizes the society,regulates the economy and promotes economic development.Social insurance and security is based on humanitarianism,and its object is all members of society.However,prisoners are often vulnerable groups that are easy to be ignored,so they need the protection of social insurance more.Article 2 of the Social Insurance Law of the People's Republic of China Stipulates that the state establishes social insurance systems such as basic endowment insurance,basic medical insurance.It protects the right of citizens to receive material assistance from the state and society in accordance with the law under the circumstances of old age,illness,work-related injury,unemployment and childbirth.The research on the protection of the prisoners' rights and interests in China started relatively late.The special law of the People's Republic of China on Prison Law,which was related to the vital interests of prisoners,was promulgated and implemented in 1994.The security of social insurance rights and interests of prisoners,as an important link concerning the immediate long-term interests of prisoners,have not been given due attention.The unreasonable and illegal places in departmental regulations and local regulations have infringed the social insurance rights and interests of prisoners,which is also the original reason for writing the dissertation.The Fourth Plenary Session of the 18 th Central Committee of the Communist Party of China(CPC)proposed the implementation of the legal responsibility system of “who enforces the law and popularizes the law” in state organs.As a law enforcer,it is even more important for them to see that the legitimate interests of theirmanagers have been violated..From the perspective of legislation,China's prisoners also enjoy the rights to social insurance protection.However,in the specific social practice,the social insurance rights of prisoners are often ignored by the society and even can not be protected.The author proceeds from the legal and practical operations.The reasons for the problems in social insurance protection of prisoners,and at the same time,based on the current national,reasonable and legal suggestions are made for the causes of the problems,From the national level and social practice to formulate a specific feasible program,in order to achieve the goal of guaranteeing the social insurance rights of prisoners and promote social equity and justice.