我国监狱服刑人员权益保障制度研究

发布时间：2018-05-29 23:23

本文选题：服刑人员 + 权益保障　；参考：《河北师范大学》2012年硕士论文

【摘要】：监狱服刑人员是指实施了犯罪行为而被国家依法判处有期徒刑、无期徒刑和死刑缓期执行刑罚的人。刑法为了维护社会公正和保护其他公民的合法权益,必然要限制和剥夺服刑人员一定的权利,以示惩戒。尽管如此,服刑人员仍然是一个人,是作为人而存在的,理应享有人的最基本权益,这也是本文开篇论述的保障监狱服刑人员合法权益的合理依据。然而,纵观历史,我国监狱服刑人员权益保障问题一直没有得到应有的重视,直到1992年国务院新闻办公室发表的《中国改造罪犯的状况》以及1994年颁布实施的《中华人民共和国监狱法》,才最终在法律上确认了服刑人员享有申诉权、辩护权、控告检举权等广泛的基本权利,从此保障服刑人员的权益成为我国监狱工作贯彻始终的一项重要工作；同时,我国从国情实际出发,转变传统观念,借鉴西方法治国家对服刑人员的权利保障理论与实践,通过建立法律保障制度、物质保障制度、工作保障制度和监所检察保障制度等措施,监狱服刑人员权益保障取得了一定的成绩,形成了有中国特色的监狱服刑人员权益保障制度和模式,使得服刑人员的权益得到了更加充分的保障,标志着我国现代化文明监狱的建设已进入依法治监的法治规范化轨道。但是,在行刑实践过程中,由于服刑人员身份、地位具有特殊性,我国服刑人员的权益保障还面临着诸多问题,如由于法律规定的局限性,我们往往只考虑法律规定服刑人员享有哪些权利,那些法律没有规定、也没有被限制的、服刑人员本应享有的权利却容易被我们忽视；再如,服刑人员要想行使其申诉、控告等权利,在现行法律规定下,必须通过监狱或狱警来行使。然而,监狱或狱警同服刑人员地位相差悬殊,尤其对于那些不利于监狱或狱警的控告和申诉,在缺乏中立第三方制约和监督的情形下,服刑人员的这两项权利完全形同虚设,根本无法行使；再如,监企合一使得多数监狱为了追求利益最大化,普遍存在让服刑人员从事超时间、超强度、超体力、高危险性作业的现象等等,使得我们对服刑人员权益保障还不能彻底到位。究其原因,本文在第三部分分别从立法和执法存在缺失、服刑人员权利保护程序存在缺失、以及我国是一个法律基础薄弱的发展中国家,存在根深蒂固的重刑主义历史传统思想加以剖析。对于权利相对脆弱、又极易受到侵犯的服刑人员来说,如何让他们的合法权益得到有效保障是我们不得不思考和关注的问题,也是本文选题的目的所在。文章第四部分试图从进一步健全和完善服刑人员权益保障的法律体系、权利保护程序的救济机制和推进监狱改革,实行狱务公开,创新监狱管理方式等三个方面,提出健全监狱服刑人员权益保障制度的建议,这样有利于我们从法律上明确服刑人员的基本权利,从实践上保障服刑人员的基本权益,也有利于增强监狱执法者的权利保障观念,提高执法水平,真正做到保护服刑人员的权益免受不法侵害,最终实现真正的法治国家的目的。综观之,我国服刑人员权利从无到有；从仅仅依靠方针政策走到以立法加以规范的今天；从服刑人员触犯刑法应该得到报应、根本无权利可言到服刑人员权利在监狱行刑过程中的重要地位逐渐为人们所认识,都经历了漫长的过程,这无疑是历史和社会的进步。但要真正实现法治社会,使服刑人员从犯罪——刑罚——行刑——重新回归社会,期间的权益都能够得到充分而有效地保障,还有较长的路要走,要循序渐进,不可能一蹴而就。本文的创新点在于着重从程序上保障服刑人员的权益,通过建立和完善服刑人员获得律师帮助的制度；探索构建服刑人员对监狱的行政复议机制和行政诉讼救济程序；保障服刑人员的控告检举权的实际享有三个方面,把法律上的“应有权利”转化为现实中的“实有权利”,通过合法的程序救济途径保障服刑人员的权利免受不法侵害。
[Abstract]:Prison officers are the persons who have been sentenced to imprisonment, life imprisonment and death penalty by the state. In order to safeguard social justice and protect the legitimate rights and interests of other citizens, the criminal law is bound to restrict and deprive the prisoners of certain rights to punish. Individuals exist as human beings. They should enjoy the most basic rights and interests of the people. This is also a reasonable basis for the protection of prison prisoners' legitimate rights and interests in the beginning of this article.
However, throughout history, the issue of the protection of the rights and interests of prisoners in prison has not been paid much attention to. Until the State Council Press Office published the situation of "reforming criminals in China" in 1992 and the "People's Republic of China prison law" promulgated and implemented in 1994, it was finally confirmed in law that the prisoners enjoyed the right to appeal and the right to defend them. It is an important work to protect the rights and interests of the prisoners in our country. At the same time, our country starts from the actual conditions of the country, changes the traditional concept, and draws lessons from the theory and practice of the rights of the prisoners in the rule of law in the west, and establishes a legal guarantee system and material guarantee. Some measures have been made for the protection of prisoners' rights and interests, such as the barrier system, the work guarantee system and the procuratorial guarantee system of the prison. The system and mode of the protection of the rights and interests of the prisoners with Chinese characteristics have been formed, which make the rights and interests of the prisoners more fully protected, which marks the construction of the modern and civilized prison in our country. The rule of law in the rule of law should be standardized.
However, in the practice of execution, because of the identity of the prisoners, the status of the prisoners is special, and the protection of the rights and interests of the prisoners in our country still faces many problems. For example, due to the limitations of the law, we often only consider what the law stipulates the rights of the prisoners, which have not been stipulated or restricted by the law. The rights to be enjoyed are easily overlooked; again, the prisoners, who want to exercise their claims, accusations and other rights, must be exercised through prisons or prison guards in current law. However, prison or prison guards are very different from those of prisoners, especially for those who are not conducive to prisons or prison guards, in the absence of neutrality. Under the circumstances of the three parties' restriction and supervision, the two rights of the prisoners are completely ineffective and can not be exercised at all. The reason is that there is a lack of legislation and law enforcement in the third parts, the absence of the procedures for the protection of the rights of the prisoners, as well as a developing country with weak legal foundation, which has a deep-rooted historical tradition of heavy punishment. In the fourth part of the article, the fourth part of the article tries to improve and perfect the legal system of the protection of the rights and interests of the prisoners, the remedy mechanism of the rights protection procedure and the promotion of prison. The reform, the implementation of the prison open, the innovation of the prison management mode, and other three aspects, put forward suggestions to improve the system of the protection of the rights and interests of prison prisoners, which will help us to clearly define the basic rights of the prisoners from the law, safeguard the basic rights and interests of the prisoners in practice, and enhance the concept of the protection of the rights of the prison law enforcement officers, and improve the concept of the protection of the rights of the prison law enforcement officers. The level of law enforcement should truly protect the rights and interests of prisoners from unlawful infringement and ultimately achieve the goal of a truly ruled country.
In a comprehensive view, the rights of the prisoners in our country are from nothing to the present; from only relying on the policy and policy to the standard of legislation; from the criminal offenders that the criminal law should be retribution, there is no right to say that the important status of the rights of the prisoners in the process of prison execution has gradually been recognized by people and has gone through a long process, Undoubtedly, it is the progress of history and society. But to truly realize the rule of law society and make the prisoners return to the society from crime and punishment to the society, the rights and interests of the period can be fully and effectively guaranteed. There is a long way to go, it is necessary to step by step, and it can not be achieved overnight. The innovation of this article lies in the emphasis on the procedure. To guarantee the rights and interests of the prisoners, through the establishment and improvement of the system for the help of the lawyers, explore the administrative reconsideration mechanism and the administrative litigation relief procedures for the prison service personnel, and ensure the actual rights of the prisoners to be prosecute in three aspects, and transform the legal "due right" into reality. The right to protect the rights of prisoners is protected from illegal infringement through legitimate procedural remedies.
【学位授予单位】：河北师范大学
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D926.7

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