论罪犯人权的宪法保障

On the Constitutional Protection of Human Rights of Criminals

宪法应该是罪犯人权保障的起点。我国现行宪法已提供了较大程度的罪犯人权保障,但还存在缺陷需要完善。而完善的方向可通过未规定宪法权利的适时增加、某些已存在宪法权利的适当位移、已有宪法权利突破实施困境的路径来进行。

The constitution should be the starting point to the protection of human rights of criminals. These rights have been largely guaranteed by the current Chinese constitution. Yet, there are still some problems that need to be solved. The solutions could be to add some rights which are not in the constitution, to replace some constitutional rights and to overcome some obstacles in the implementation of these rights.