服刑人员财产权保障研究

发布时间：2018-03-08 19:15

本文选题：服刑人员　切入点：财产权　出处：《贵州大学》2015年硕士论文　论文类型：学位论文

【摘要】：监狱服刑人员,也称为罪犯,是指因为实施了犯罪行为触犯了刑法而被审判机关依法定罪判刑,并且在监狱中被执行刑罚的人。国家审判机关为了维护社会的稳定秩序和保护其他公民的合法权益,同时依据我国刑法的规定,必然要限制或着剥夺服刑人员的部分权利,以惩罚犯罪。但是,依据科学的犯罪观来讲:首先,服刑人员是普通人,并且其中大都数是我国公民;其次,服刑人员是犯了罪并被依法判刑的公民;最后,服刑人员是可改造并且是要回归社会的公民。作为一名中华人民共和国公民,服刑人员理应享有未被审判机关依法剥夺的,我国宪法和法律中所赋予的公民权利。财产权作为一项公民的基本人权,是人权的基础,也是其他诸如自由、平等等基本人权实现的物质保障。在2004年全国人大通过的宪法修正案中明确规定了“公民的合法私有财产不受侵犯”。因此,无论是站在公民权利保障的角度,还是站在使服刑人员积极改造顺利回归社会的角度来讲,服刑人员理应享有未被依法剥夺的财产权。可是在目前监狱工作实践过程中,由于服刑人员身份和所处环境的特殊性,我国服刑人员的财产权保障还面临诸多问题。首先,由于法律规定的片面性和监狱环境的特殊性,我们往往更加重点考虑的是保障服刑人员的人身权、劳动权、受教育权及其他政治权利,对于服刑人员的财产权保障法律却往往忽视。其次,服刑人员是受到刑罚处罚的人,虽然有诸如通信权和会见权等权利来保障其与外界的交往,但是由于其身份和所处环境的特殊性,服刑人员与外界沟通的渠道比较单一。然后,如果服刑人员的财产权受到侵害,根据现行的法律规定,其申诉跟控告的权利必须通过监狱或者狱警才能行使。然而,监狱或狱警是刑罚执行者,服刑人员作为被执行者,二者之间的地位相差巨大。尤其是对于那些对监狱或者狱警不利的控告或者申诉,如果没有其他方面的监督或者是制约,那么这两项救济的权利简直形同虚设,其效果可想而知。最后,我国目前实施了多年的监企合一体制,监狱企业功能与监狱行政功能联系过密,很多监狱在追求经济利益最大化的同时,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,如果其在工作中人身受到伤害,则使得我们对服刑人员的经济赔偿权保障不能彻底到位。而且关于服刑人员的劳动报酬水平国家没有统一的标准,劳动报酬发放存在种种问题。文章着重探究造成这种情况的现实原因,并试图从立法和实践的层面探究解决方法,真正做到保护服刑人员的基本权益免受不法侵害,最终实现真正的法治国家的目的。
[Abstract]:Prison inmates, also known as criminals, are convicted and sentenced by the judicial authorities according to law for committing a criminal act. In order to maintain social stability and order and protect the legitimate rights and interests of other citizens, and in accordance with the provisions of the Criminal Law of our country, the state judicial organs must restrict or deprive some of the rights of prisoners. In order to punish crimes... However, according to the scientific view of crime: first, the prisoners are ordinary people, and most of them are citizens of our country; secondly, the prisoners are citizens who have committed crimes and have been sentenced in accordance with the law; finally, As a citizen of the people's Republic of China, prisoners should be deprived of by the judicial organs according to law. Property rights, as a fundamental human right of citizens, are the basis of human rights, as well as other such as freedoms, The material guarantee for the realization of fundamental human rights such as equality. In the constitutional amendment passed by the National people's Congress on 2004, it is clearly stipulated that "the legitimate private property of citizens shall not be infringed." therefore, whether from the perspective of safeguarding the rights of citizens, From the point of view of actively reforming the prisoners and returning them to society smoothly, the prisoners should enjoy property rights that have not been deprived by law. However, in the current prison work practice, due to the particularity of the status and the environment of the prisoners, First of all, due to the one-sidedness of the law and the particularity of the prison environment, we often pay more attention to the protection of the personal and labor rights of the prisoners. The right to education and other political rights are often ignored by the law on the protection of the property rights of prisoners. Secondly, prisoners are those who have been punished by punishment, although they have rights such as the right to correspondence and the right to meet with the outside world to ensure their interaction with the outside world. However, due to the particularity of their identity and environment, the channel of communication between the prisoners and the outside world is relatively single. Then, if the property rights of the prisoners are infringed, according to the current legal provisions, The right to complain and complain must be exercised through a prison or a prison guard. However, the prison or prison guard is the executor of the penalty, and the person serving the sentence is the person to be executed. There is a huge difference between the two. Especially for complaints or complaints against prisons or prison guards, if there is no other supervision or restriction, then the right to these two remedies is virtually empty. Finally, our country has implemented a system of integration of prison and enterprise for many years. The functions of prison enterprises are too closely linked with the administrative functions of prisons. Many prisons are pursuing maximum economic benefits at the same time. It is common for prisoners to engage in excessive time, intensity, physical strength, high-risk operations, etc., if they are physically injured at work, That makes us unable to fully ensure the right to economic compensation for prisoners. Moreover, there is no unified national standard on the level of remuneration for the work of prisoners. There are various problems in the payment of labor remuneration. This article focuses on the practical reasons for this situation, and attempts to explore the solution from the legislative and practical aspects, so as to truly protect the basic rights and interests of prisoners from unlawful infringement. The ultimate goal of a true state ruled by law.
【学位授予单位】：贵州大学
【学位级别】：硕士
【学位授予年份】：2015
【分类号】：D926.7

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