论中国监狱的基本价值

本文反驳了把"惩罚改造"作为监狱基本价值的观点,认为"惩罚改造"和"罪犯人权保障"的有机统一,才完整构成中国监狱的基本价值,才符合依法治国和依法治监的要求.罪犯的人权保障不仅只反映罪犯和监狱的关系,它实际上反映的是社会全体成员相对于国家的法律地位.注重人权保障才能使监狱法制具有良法的品性.

Talk about the Basic Value of the Chinese Prison

This text has refused the view of regarding "punishing and transforming" as the basic value of the prison, the ones that think and "punish and transform" and "criminal's human rights is ensured" are unified organically, form basic value of the Chinese prison intactly, just accord with the request for running the country according to law and administering the prison in accordance with the law. The criminal's human rights ensures not only reflecting the relation between criminal and prison, it reflects the social all member's legal statuses relative to country in fact. Paying attention to human rights can ensure making the moral character with good method of legal system of the prison.