减刑制度中受刑人诉权的保障

Protection of the Procedural Rights of Culprit in Commutation System

受刑人诉权对于其实体权利的救济性呼吁立法者建立以受刑人特有权利为中心,以受刑人诉权为外围保护性权利的权利保障体系。我国现行法律对减刑制度规定疏简,缺乏严密的程序保障和运作机制,减刑制度中受刑人诉权保障不力,必须从减刑审批权配置视角保障受刑人诉权。

The procedural fights of culprits, for remedial to their substantive rights, calls on establishing culprits＇ rights security system in which the center is the special rights of culprits whose procedural rights are protective rights around. The present legislation, as to commutation system regulation, is uncomplicated and lacks of procedural guarantee and operation mechanism. The protection of the human rights in commutation system is not powerful. It is necessary to de- fence the procedural rights of culprits from the angle of the power warranting the commutation.