Human Rights of Criminal Offenders in the Prison System of the People's Republic of China
Date Issued
2010
Date
2010
Author(s)
Lee, Tien-Lun
Abstract
Under the provision of "human rights of criminal offenders" in the constitution of
the People''s Republic of China, criminal offenders are also regarded as human beings
and should thus be protected by fundamental rights. Considering their constitutional
status, criminal offenders should only be restricted and not be deprived of human
rights because of their offenses. The promulgation of the “Prison Law” in 1994, which
sets fourth in detail the protection of human rights for criminal offenders, and the
Constitution in 2004 with its regard for human rights in general, should be seen as an
affirmation of the necessity for human rights. However, whether this means that China
has not been a cause for concern regarding the protection of human rights of criminal
offenders since then and what kind of impact the former prison system from the
founding of the People’s Republic in 1949 to 1994 had on its later development will
be further analyzed.
This thesis uses historical research and literature review, starting with an analysis of
the content and values presented in the Chinese "Prison Law” before discussing the
terms “prison system" and "human rights of criminal offenders" further.
Several United Nations conventions, which were also signed by China and are of
great significance for the protection of human rights, such as “Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, International
Covenant on Economic, Social and Cultural Rights”, and “International Covenant
on Civil and Political Rights” will be analyzed to make an objective assessment
of the current situation.
The thesis will also be supplemented by more critical perspectives from foreign
v
scholars and contentious cases to gain a more comprehensive understanding of their
stance on the protection of human rights within the prison system provisioned by the
“Prison Law” of 1994. The aim of this thesis is to understand the actual extent of human
rights in the Chinese prison system under the “Prison Law” of 1994.
Subjects
human rights
Prison Law of the People’s Republic of China
prison system
human rights of criminal offenders
SDGs
Type
thesis
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