罪犯权利本源探析

A Probe into the Origuin of a Criminal's Right

从本源上认识罪犯权利 ,是客观看待罪犯权利的前提。在历史上 ,罪犯权利是随着以法治、平等、自由为核心的近代法观念而成长起来的 ,人道主义刑罚理论的兴起 ,促进了罪犯权利的发展。在理论上 ,罪犯之所以拥有权利 ,是由罪犯首先是作为人的罪犯、罪犯具有公民资格、社会对罪犯矫正的需要等决定的。

To understand the criminal's rights from its origin is the prerequisite of objectively treating their rights. In history, the criminal's rights was developed along with the modern legal ideology, which takes the rule of law, equality and freedom as its core content. And the appearance of humanism has promoted its development. In theory, the reason that a criminal should enjoy these rights is dependent on the factors of the criminal enjoying a citizen's qualification and the social need to rehabilate them.