罪犯人格权保护法律制度的构建

Construction of Legal System of the Criminal Personality Right Protection

罪犯因为实施犯罪行为而受到公权力机关的制裁,被依法剥夺了某些权利,但无可否认他们作为人的身份和价值,因为即使是奴隶也必须被当做目的而非手段加以对待,更何况罪犯只是被刑事处罚的公民,其人之为人的基本权利应当得到保障。由于罪犯身份的特殊性,其人格权的保护必须在保障社会公共利益的前提下做出一定限制,不能违背公序良俗;同时,刑事处罚的目的就是惩戒,以此来威慑罪犯,达到减少犯罪的最终结果,所以在保护罪犯人格权时必须坚持惩罚性原则为先;尽管罪犯在监管场所中应该积极主张个人的人格权,维护自身合法权益,但必须以监管场所的正常秩序为基础,不得滥用权利,侵害其他主体的人格权,也不得违反相关法律法规,造成监管场所的混乱。在对罪犯人格权进行具体保护时,法律应当协调现行立法,加强对罪犯的生命权、健康权、姓名权以及隐私权等人格权利的规定,对监管人员执法不严,有法不依的现象加强监督,进一步完善检察监督制度,规范监管人员的执法行为。当罪犯人格权受到侵害时,法律应当为其提供明确的、完善的救济措施,既要保证罪犯申诉、控告权的有效实现,也要保证罪犯诉权的有效实现:拓宽行政诉讼的受案范围,将罪犯人格权受到监管机关侵害的案件纳入行政诉讼的范围内;建立巡回审理制度,便于罪犯以民事侵权诉讼的方式维护其人格权。

A criminal is deprived of certain rights in accordance with the law by the organs of public power because he committed a crime, but there is no denying of the fact of his identity as a person. Even the slavery must also be treated as a purpose rather than a means, let alone a criminal who is a citizen just getting criminal punishment, so his basic human rights should be guaranteed. Due to the particularity of the criminal status, his personality right protection must be under the premise of a certain limit in the protection of social public interests, and cannot break the public order and morality. At the same time, the purpose of criminal punishment is to deter criminals to reduce crime. In protecting the criminal personality rights, people must insist on the principle of punishment first. Although criminals in custody should actively advocate the individual＇s personality right to safeguard their legitimate rights and interests, it must be based on the normal order of supervisory areas, they shall not abuse their rights, violate other＇s personality right, violate the relevant laws and regulations, and cause confusion in the supervisory areas as well. Specifically, for the criminals personality right protection, the law should coordinate the current legislation and strengthen the protection of the right of life, health, name and privacy of the criminals. In order to solve the problem of regulators＇ lax law enforcement, it is necessary to strengthen the supervision, further improve the system of procuratorial supervision, and regulate the law enforcement of regulators. And when the personality rights are violated, the law should provide a clear and complete relief measures, not only ensure the right to appeal and right of complaint, but also right of action. It is advisable to broaden the scope of accepting cases of administrative litigation and take the case of criminal personality right violation by regulators into the scope of administrative litigation. The circuit trial system should be established to provide a convenient way to maintain criminal＇s personality right by civil tort litigation.