Study On The Civil Rights Of Criminals In Prison

Since the prisoners in accordance with the law by the people’s court sentenced to fixed-term imprisonment,life imprisonment or death and suspended it for two years in prison execution corresponding punishment of criminal personnel,therefore,compared with ordinary citizens,prisoners is a special social group,country according to law to restrict or deprivation of personal freedom to its,so as to realize the purpose of punishing crime and education reforming.However,although the prisoners are put into prison by the state for their criminal offences,they have not lost their capacity for civil rights and civil conduct.In essence,as natural persons in civil subjects,persons serving prison sentences are the same as other ordinary natural persons and should enjoy civil rights recognized and protected by law on an equal footing.Although prisoners will not lose civil rights such as property right and personal right only because of criminal sanctions,they are often faced with many special situations when exercising these civil rights,which leads to the particularity of their exercise of civil rights.In other words,first of all,prisoners who have committed specific crimes are sentenced to different punishments according to law,and their civil rights are restricted to different degrees according to law.At the same time,the individual performance of prisoners in prison often varies greatly,and the degree of restriction on their civil rights also changes.Therefore,there are still differences in the exercise of civil rights among prisoners.Secondly,on the one hand,in terms of the scope of exercise,the civil rights of prisoners in prison are more narrow than ordinary natural persons.On the other hand,in terms of the content of exercise,there are many defects in the civil rights of prisoners,such as marriage autonomy,freedom of communication,right to meet and so on.Finally,there are many obstacles to the exercise of civil rights in prison,which leads to the basic loss of the objective conditions for the realization of civil rights.It is stated that the civil rights of persons serving sentences in prison are not expected rights,but they are often impossible to be realized when they are exercised,and can only be realized after the release of persons serving sentences in the future.Through empirical analysis,it can be seen that the problems to be solved are as follows.Firstly,China’s current legislation does not make clear and specific provisions on the exercise of civil rights of prisoners in prison,which makes the right guarantee mechanism unable to be truly implemented due to the lack of operability and unable to adapt to the actual needs of the current society.Secondly,there are contradictions and conflicts among the existing legislation in our country,and they are disjointed from each other,so a relatively perfect legal system cannot be formed.As a result,there is a lack of normative basis for guaranteeing the exercise of civil rights of prisoners in prison,which does not meet the basic requirements of the rule of law.The current our country did not exercise of civil rights for prisoners to provide more clear relief rules,which leads to the prison inmates suffered from violation of civil rights,not to resort to public rights and private rights relief,in the end,the exercise of prison inmates to civil rights to claim what remedy this problem,the system has not be clear,so as to make the prison inmates exercise lose its specification based on civil rights.Undoubtedly,the protection of civil rights of prisoners is not only the basic requirement of the rule of law,but also the realistic requirement of maintaining social stability and the inevitable embodiment of the state’s practice of respecting and safeguarding human rights.Recoverable solve path as follows: first of all,in terms of legislative protection,for prisoners’ civil rights protection,the need to establish a correct concept of legislation,the legal response to prison inmates with other main body equal treatment,equal protection to their civil rights,and then concrete to solve the problem how to legislation.At the same time,the relevant legal system needs to be improved and the current prison law needs to be modified and supplemented to a greater extent.Firstly,the content and restrictive conditions of civil rights should be added to lay a legal foundation for the exercise of civil rights.Secondly,the legal procedures and the working procedures of the law enforcement departments for the civil rights of prisoners are further specified to make them more operable in practice.Thirdly,it should be linked up with relevant international conventions and relatively mature supporting systems abroad,so as to draw on and absorb the useful experience of the international community in safeguarding the human rights of criminals.In addition,it is necessary to formulate supporting legal details and implementation regulations.It is suggested to start from the following aspects: first,define the basic living standards of prisoners in prison(such as diet,residence,medical treatment,sanitation,vacation,etc.);Secondly,define the reward and punishment systems for prisoners,including the specific conditions for them to receive rewards such as commutation and parole.Thirdly,the supplementary provisions on the protection of the civil rights of persons serving special sentences in prisons include minors,the disabled,women,the elderly and persons serving sentences in foreign prisons.Secondly,in the aspect of judicial relief,on the one hand,the relief mechanism should be reconstructed from the internal level.The administrative relief mechanism should be improved actively,and the rights of judicial relief should be fully granted to the prisoners.Meanwhile,the management system inside the prison should be established and improved,and the law enforcement level of its staff should be improved.On the other hand,the relief mechanism should also be guaranteed from the external level.The effective exercise of civil rights of prison inmates should be guaranteed by setting up special right protection institutions,and adequate support should be provided for the exercise of civil rights of prisoners in financial,judicial and litigation aspects.Prisoners can be built,for example,the legal aid system to resolve the inmates to seek the judicial relief on existing disadvantages and the current problems such as lack of legal aid coverage,which not only expanded the prisoners’ civil rights relief way,conducive to protect the rights of the civil real implementation,worthy of reference and promotion.At the same time,for the whole country and society,through the construction of a country and a society ruled by law,the awareness of the protection of the rights of all citizens will be constantly improved,which will lay a realistic foundation for the protection of the civil rights of the prisoners.