近代监犯申诉权立法研究

The Legislative Research about the the Prisoner's Right of Appeal in Modern Times

在中国法律体系近代化的过程中,监狱法的近代化始终占据着一个较为特殊的地位。自沈家本起,立法者通过一系列监狱立法,试图建立现代监狱制度,在保障犯罪人人权的基础上,实现惩罚犯罪和教育改造犯罪人的目的。设置监犯申诉权便是其保障人权的重要手段之一。申诉权通过允许监犯对监狱官吏违法处分监犯的行为进行申诉,成为监犯在其权利受到侵害时最主要救济手段。近代监犯申诉权立法经历了一个曲折发展的过程,在权利主体、申诉程序申诉对象上均逐渐科学化,尽管该法受时代所限仍有缺陷,但立法者也以该立法为导向尽可能地实现了司法资源的有效配置。

In the process of the modernization of the Chinese legal system, the prison law holds a special position. From SHEN Jia-ben, the legislators made a series of prison law, trying to build the modem prison law system to achieve the purpose of punishing and educating crimmers based on the reinspection of their human fight, establishing the prisoner＇s right of appeal is one of the important means to safeguard human rights. The right of appeal allows the pris- oners to complain about the illegal punishments that the prison officers did, and it is the main remedy way for the pris- oner＇s human right. The legislation of the prisoner＇s right of appeal has gone through a tortuous development process. It was more reasonable in many respects, such as the subject of the right, the procedure of appeal. And oriented by the legislation, the judicial resources were allocated effectively.