According to Article 7 of China's Prison Law, a prisoner's personality is not insulted, and his personal safety, lawful property, defense, appeal, accusation and other rights that have not been deprived or restricted according to law are not infringed.
Prison law is the sum total of legal norms formulated by the state and guaranteed by the state's coercive power to adjust certain social relations that occur in prison execution activities. It is an integral part of the national criminal law. The main object of its adjustment is all kinds of social relations that occur when the prison executes the punishment for criminals.
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The formulation and implementation of the prison law is conducive to safeguarding the human rights of criminals and promoting the reform of criminals. The Prison Law clearly stipulates: "A prisoner's personality shall not be insulted, and his personal safety, lawful property, defense, appeal, accusation and other rights that have not been deprived or restricted according to law shall not be violated."
These provisions to protect the rights of criminals embody the ultimate humanistic concern for criminals. Modern jurisprudence tells us that criminals accept punishment because they made mistakes, not for punishment, and punishment is just to make them stop making mistakes. The great value of modern prisons lies in "retribution, punishment, reform and freedom".
The prison law respects and protects the human rights of criminals. First of all, it is people-oriented and respects criminals' rights as human beings. At the same time, in order to serve the reform of criminals, the prison law stipulates supervision measures such as rewards and punishments, assessment, classified detention, classified management, commutation and parole, which fully mobilizes the enthusiasm of criminals for reform.
Practice has proved that the promulgation of the prison law has effectively guaranteed the human rights of criminals, improved their enthusiasm for reform, promoted the reform of criminals, and laid a solid foundation for realizing the purpose of punishment.
Protecting the human rights and other legitimate rights and interests of criminals is the basic content of the rule of law in prisons and the basic requirement of modern prison execution system. Therefore, it is necessary to ensure that the rights granted to criminals by law are effectively realized and the legitimate rights and interests of criminals are safeguarded by legal means.
If we want to make detailed and feasible provisions on the isolation, custody, vigilance, communication, interview, living hygiene, assessment, rewards and punishments of criminals according to the provisions of the prison law, especially the procedural provisions must be clear, so that the rights of criminals can be guaranteed by laws and rules. Another example is that the prison police protect the rights of criminals through law enforcement in the specific law enforcement process.
In particular, prisoners' political rights and personal rights that have not been deprived shall be protected by the prison according to law. At the same time, it is necessary to strengthen the popularization and publicity of criminals' legal knowledge, so that criminals can understand that the enjoyment of rights should be carried out within the legal scope. Rights and obligations are equal. To enjoy rights, we must fulfill certain obligations as a condition, and at the same time enjoy rights while fulfilling obligations.
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