Dissertation
Dissertation > Political, legal > Legal > Chinese law > Justice system > The prison system and reform through labor system

The Research on the Chinese Prisoners’ Human Rights

Author LiTongMin
Tutor XuXianMing
School Shandong University
Course Legal Theory
Keywords Chinese Prisoners the Guarantee of Human Rights the Consciousness of Subject
CLC D926.7
Type PhD thesis
Year 2007
Downloads 481
Quotes 2
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"We need human rights for living with dignity not for surviving." Although a prisoner is in jail, he is still a citizen and is a human being minimally; he needs a living with dignity, and needs human rights too. The main point is, because a prisoner has no power, belongs to minority and a special community, that his human rights are vulnerable. So a prisoner needs more human rights and dignity than others. The more important point is that a prisoner is a man with no difference with us who is enslaved to natural and social environment but is confident with self-determination. As a matter of fact, which way we treat a prisoner is a way we treat ourselves!Since the Bourgeois Revolution, the thoughts of human rights have been accepted widely and spread abroad, the subject of human rights has been universalized, and the theory of human rights has been developed and enriched. Its content comprises politics, economics, culture and national development and self-determination, etc. In this course, the special subject of human rights has been more concerned. So-called the special subject of human rights means, because of some reasons in real life, just like physical or psychological reasons, that he is in a special imperative relationship in which he is incapable to fulfill his rights. A prisoner is in this relationship just because of the imperative of the authority, so his human rights can’t be fulfilled by himself and is in the vulnerable status. And also because everyone is a potential criminal and has a possibility being a prisoner, the guarantee of prisoners’ rights is a guarantee for everyone’s human rights. The degree of the guarantee of prisoners’ rights provided by the authority indicates the basic attitude of the authority.The thesis is divided into 7 parts besides the introduction. After analyzing the prisoners’ fundamental and special rights, it fully conceives the structure of Chinese prisoners’ rights by raising questions, analyzing questions and solving questions. It adds up to 180,000 words.In introduction, it generalizes the origin of prisoners’ rights, the general situation and the route of research. Along with the range of the subject of human rights being widen, the prisoners’ rights also walk out of "special authority relationship" and enter the scope of the research of human rights. So the research on prisoners’ rights is quite valuable.In Chapter 1, for the sake of communicating with others, it discusses the basic theories of prisoners’ rights, including the meaning of prisoners’ rights, characters of prisoners’ rights, and the value of guarantee of the prisoners’ rights.In Chapter 2, in order to make it clear, the article researches into the theories of prisoners’ fundamental rights, including three aspects: prisoners’ fundamental rights based on philosophy, politics and penology.In Chapter 3, through the comments on the theory of "special authority relationship", the article puts forward the the theory of "special law relationship", and reveals the prisoners’ special rights which is more vulnerable than the prisoners’ fundamental rights.In Chapter 4, compared with the system of human rights of international human rights law, and the system of the west and our country, it divides the prisoners’ rights into two parts, expecting the stress of each parts: prisoners’ special rights, which can be described as privileges granted to the prisoners, and prisoners’ fundamental rights, which as a citizen the prisoners can also enjoy.In Chapter 5, as revealed in the survy, limited by the factors of economy, traditional culture etc, it expatiates that the level of prisoners’ rights of any country which is restricted by the factors involved, the progress should be made bit by bit, and the task can’t be accomplished in an action.In Chapter 6, It clarifies that the human rights concept of "coexistence with difference", which is derived from traditional culture of China, is the biggest contribution to the guarantee of human rights. It also clarifies that we should deal with the conflicts and the balance between the rights of different subjects, such as prisoners, common citizens and the victims.In Chapter 7, it conceives the guarantee system of prisoners’ rights of China. According to it, in ideology we should carry through the principle of humanitarianism, establish the prisoners’ status as a principal part, cultivate the consciousness of human rights, and transform the conception of execution of penalty; in system building, in order to adapt to the requirement of the guarantee of the prisoners’ rights, we should carry out controlling the authority, perfect and change the mode of execution of penalty, and reform the setup of jail. In Chapter 7, it also provides some suggestion to enhance the business of human rights of the special prisoners, such as the youngster, the female, the elderly, and the disabled person.The core of the thesis is prisoners’ rights, its gist is the guarantee of right, and the thesis is directed by the human rights concept of "coexistence with difference", conceiving the guarantee system of Chinese prisoners’ rights, in which the prisoner participates as a principle and initiative one. The matter of prisoners’ rights, we can say, is not only an issue of treating the prisoner as a human being, but also is a campaign of spurring the prisoner to fulfill himself.

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