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Issues related to the rights of prisoners in China.
◆ Current situation of human rights protection for prison criminals

(1) The basic right to life is fully guaranteed.

One of the terrible reasons of prisons in the old society was that criminals didn't have enough to eat. The saying "greedy prison, hungry labor" still existed before the 1980s. At present, the basic living rights of prisoners are fully guaranteed in China Prison, and the prisoners' diet has basically reached the standard of adequate food, good food, good heat and sanitation. Considering the differences of economic development and consumption levels in different parts of China, it may affect the basic life of criminals in some areas to stipulate a unified standard of catering expenses. Article 50 of the Prison Law stipulates: "The living standard of prisoners is calculated according to the physical quantity and shall be stipulated by the state." In other words, the state only stipulates the minimum number of staple food and non-staple food and the required calories for each prisoner in a certain period of time, but does not stipulate the amount of living expenses expressed in RMB, which is determined by each region according to the local living standards. Our Lunan prison is in the countryside. At present, the monthly food expenses allocated by the state finance to each criminal are 130 yuan, excluding prison, clothing and other expenses. Our prison subsidizes some expenses every month to improve the prisoners' food standards. The monthly food expenses of prisoners will reach about 150 yuan, which is basically the same as the living standard of local urban residents and has exceeded the average level of local rural areas. Before 1995, the number of staple food in our prison was still limited, but it could basically meet the needs of criminals. After 1995, the staple food supply was distributed according to needs, and the phenomenon of "reeducation through labor" was completely eliminated. In addition, criminals also have monthly clothing expenses of 12 yuan and sporadic expenses of 6 yuan. According to a national statistic, during the period of 1990, criminals actually consumed 22.75 kilograms of grain, 20-25 kilograms of vegetables and a considerable number of non-staple foods such as pigs, cattle, mutton, fish, poultry, eggs and beans per month. The daily calorie intake of prisoners from food is 2952 kilocalories. The average living expenses of criminals all over the country are around 650 yuan, which is close to the average living standard of local residents. The above is only a statistical result of 1990, and it must have been raised to a higher level now. Although there are no specific national statistics, it can still be said with certainty that the average living expenses of criminals have approached or exceeded the average living standard of local residents. The prison law also has clear requirements for the prison where criminals live. Article 53 of the Prison Law stipulates: "The prison where criminals live should be firm, ventilated, transparent, clean and warm." Now most prisons have met this requirement. According to relevant regulations, prisoners' clothes are uniformly distributed twice a year, which fully meets the requirements of keeping out the cold and covering their bodies.

(2) The protection of prisoners' right to health exceeds the national average.

In ancient times, criminals died in prison because of hunger, cold and illness, which was called "sudden death". The phenomenon of sudden death of criminals was common in prisons in the old society, and it also occurred in the early days of the founding of the People's Republic of China. Due to the emphasis on the human rights of criminals and the development of medical and health conditions and economic conditions, the death of criminals has long been eliminated. Article 54 of China's Prison Law stipulates: "A prison shall set up medical institutions and sanitary facilities, and establish a sanitary system for prisoners. The medical care of criminals is included in the health and epidemic prevention plan in the area where the prison is located. " At present, the prison system in China has established a complete medical system and formed a three-level medical and health network consisting of provincial central hospitals, prison hospitals and prison clinics. According to the statistics of 1992, there were 2,944 various health institutions in the prison system in China at that time, with 3.54 doctors per 1,000 criminals and 4.8 hospital beds per 1,000 people, both higher than the national average. According to the statistics of China Criminal Human Rights Research 1994, there were 4 163 health institutions in China prison system at that time, including 3,384 medical institutions with 35,676 beds and 20 172 beds for criminals, accounting for 56.54% of the total number of beds. Hospital beds per 1,000 population 12.37 (2.4 hospital beds per 1,000 population in China). There are 38,502 health professionals, with an average of 1 1.38 health technicians, 4.65 doctors, and 3 nurses and doctors (3.58, 1.60 and 0.93 in China respectively). Prisons regularly inspect criminals, usually once a year, and criminals can get timely treatment when they are sick. During the period of 1994, the number of medical visits per prisoner was 8.73, and the average number of prisoners admitted to hospital per 10,000 population was 6 18.75 (China residents were10.9 and 423.2 respectively). It can be seen that the medical level of criminals is higher than the national average and is fully guaranteed. At present, the medical expenses of each prisoner in Lunan Prison are 9 yuan money every month. As most prisoners do not see a doctor for a long time, the medical expenses can generally meet the needs of prisoners. When a more serious disease occurs and patients are arranged to go to a professional social hospital for treatment, a patient will spend thousands or tens of thousands of yuan, and hundreds or even thousands of criminals will spend all the medical expenses alone. The monthly medical expenses will be stretched, and the prison will try to allocate some money from other expenses for the treatment of criminals. In short, criminals can get timely treatment when they are acute or seriously ill. I have been to social hospitals for patients several times, and the cost is very high. However, prisons always proceed from humanitarianism, arrange managers to accompany them, improve their diet and actively cooperate with doctors to treat patients. To some extent, the maintenance of prisoners' medical security rights is better than that of ordinary citizens.

(3) The protection of personality and reputation has been greatly improved compared with the past.

For a long time, the violation of criminals' personality and reputation rights is mainly manifested in beating, cursing and insulting criminals. Articles 7 and 14 of the Prison Law clearly stipulate that criminals shall not be beaten, physically punished, abused or insulted. At present, the phenomenon of beating, cursing and corporal punishment insulting criminals has basically disappeared, which is a great progress in the process of protecting criminals' human rights. Before the promulgation of the prison law, corporal punishment of criminals occurred from time to time, especially in individual prisons. At that time, the policies and laws also prohibited beating, cursing and corporal punishment of criminals. But many people don't agree, and think it's right to make a few scolds. Some comrades joked that since criminals should be treated like parents treat their children, it is more appropriate to hit them a few times. How can parents not hit their children? Some comrades even think that daring to hit a prisoner is a sign of tough work style. Personally, I have always been influenced by this idea. It's like an ethos and fashion. In the specific time and space environment at that time, everyone thought it was reasonable, even beautiful and cool, and it was worth emulating. The turning point of this atmosphere in our prison occurred in 1992, when a manager ordered several prisoners to kill a criminal and sentenced him to seven years' imprisonment for intentional injury. This incident caused a great shock in the whole prison and the atmosphere changed greatly. 1994 prison law clearly stipulates that beating, corporal punishment and insulting criminals are strictly prohibited, and the ideological understanding of the majority of managers has been greatly improved. During 1998, our prison severely dealt with several policemen who beat and insulted criminals. One of the comrades was asked to apologize to the criminals in public for insulting them, which deeply touched the original management thinking of managers again. Under the dual effects of publicity and education and severe punishment, the majority of managers have changed from passive to active, and from active to conscious, and the phenomenon of beating and corporal punishment to insult criminals has been basically eliminated. I believe our prison should be a window of China prison. In the process of fighting against beating and corporal punishment of criminals, that is, in the cause of promoting the protection of human rights, the experience and lessons of prisons are * * *.

At present, the phenomenon of direct beating and insulting corporal punishment of criminals has basically disappeared, but the phenomenon of violating criminals' related rights in disguise still occurs from time to time. These phenomena are as follows: First, overtime and overwork occur from time to time in seasonal agricultural production and heavy industrial labor; Second, individual managers do not perform their duties seriously, which leads to the violation of criminals' rights, such as not arranging criminals to meet their relatives as required, and not checking and delivering criminals' letters and parcels in time.

(4) Criminals' rights to appeal, accuse and report are guaranteed to varying degrees.

The right of appeal, the right of accusation and the right of accusation are three different rights. Appeal is an activity that requires the relevant departments to deal with the wrong judgment or ruling. Accusation is an activity that requests the relevant departments to deal with the acts that infringe upon their rights and interests; Reporting is an activity that requests the relevant departments to deal with acts that infringe upon the rights and interests of others. China's Prison Law, Chapter III, Section II, provides detailed provisions on how to protect the rights of criminals to appeal, accuse and report. . [Generally speaking, the protection of these three rights has been greatly improved compared with the past, but due to the different nature of the three rights, the degree of protection for them is also different. The right to report is fully guaranteed, and prisons often carry out frank reporting activities among criminals, and the reporting materials are generally handled or delivered in time. For the right of appeal and the right of accusation, due to the influence of various factors, the degree of protection needs to be further improved, especially the right of appeal, because the object of appeal is the effective judgment and ruling, once the retrial procedure is started, it will touch many interests. A criminal was finally sent to prison to serve his sentence. Cases have to be handled by several judicial personnel, and they have to go through several legal procedures of investigation, prosecution and trial, and some have to go through two trial procedures of first instance and second instance. As we all know, to correct a wrong referee order, we must first determine that the referee order is wrong. Once the verdict is wrong, all kinds of strict accountability systems will affect the political future of many people in the public, procuratorial and legal departments who originally undertook the case, especially many people. Therefore, for all departments, no one is willing to take the initiative to correct mistakes, unless it is really "shielding" Rainbow Shu Bin and She Xianglin. According to my observation and understanding, among the hundreds of criminals I have managed in the past ten years, there are two criminals who may have misjudged (one was sentenced to death with a suspended sentence and the other was sentenced to life imprisonment). The two criminals have been complaining since they went to prison, but due to various factors, they have never been retried. One of them has been released after serving a sentence of more than ten years, and the other is still in prison for reform. The vast majority of criminals who complain in prison complain for their innocence, and a very small number of criminals complain because of excessive sentencing. Only when the sentence is extremely heavy can criminals keep complaining.

It should be noted that a case has been filtered through several legal procedures, and many judicial personnel are "cooking", so the possibility of making mistakes is very small. In countless criminal appeal cases, although there are really misjudgments, the number is very small, which is also the reason why the start of the trial supervision procedure is more restricted, and the review of more appeal cases also proves this point. However, due to people's own limitations, it is impossible to never make mistakes. Just like the death penalty, as long as the death penalty exists, the possibility of its mistakes exists. Similarly, as long as we admit the rationality of punishment, we should not imagine that there will never be mistakes in the determination of punishment. As long as we have the courage and tolerance to correct our mistakes, this is very valuable.

(5) The universality and imbalance of the right to commutation and parole.

The criminal law circles often discuss the commutation and parole of criminals, among which the most striking issue is the essence of commutation and parole, that is to say, commutation and parole of criminals is a right that criminals should enjoy or a reward. The author believes that whether it is a right or a reward should be determined according to the criminal's reform performance, and it cannot be generalized. When a criminal has the "should" situation stipulated by law, he has the right to request commutation or parole. When there is a "yes" situation, it cannot be considered that he has the right to request commutation or parole.

Criminals serving sentences in prisons include criminals sentenced to death with a suspended execution, criminals sentenced to life imprisonment and criminals with remaining sentences of more than one year. Usually get commutation and parole. A criminal sentenced to a suspended death sentence or life imprisonment may be released from prison during the period of serving his sentence 14- 18 years. The Ministry of Justice conducted a survey in 2005 and found that many serious violent criminals sentenced to life imprisonment were released only after 15 years or 16 years. That's true. China's criminal law stipulates the minimum term of imprisonment for criminals with a suspended death sentence and life imprisonment. Paragraph 2 of Article 78 of the Criminal Law stipulates: "The actual sentence after commutation shall not be less than half of the original sentence, and the term of life imprisonment shall not be less than ten years. The actual term of imprisonment of a suspended criminal cannot be less than 12 years. " According to this provision, plus the two-year probation period for criminals with death sentence suspension and life imprisonment, criminals with death sentence suspension can only be released from prison after serving a minimum sentence of 14 years, while criminals with life imprisonment should serve a minimum sentence of 12 years.

At present, China's prisons mainly use the 100-point system to assess the reform of criminals. In this way, criminals are graded, and the accumulated scores of criminals are the basis for their commutation and parole. Percentage evaluation method is a concrete method to evaluate the reform of criminals. It divides the reform of criminals into two parts: ideological reform and labor reform, and each part is divided into four small parts. Ideological reform includes three aspects: confessing, obeying the law, learning and living order, and labor reform includes four aspects: completing tasks, product quality, increasing production and saving, and civilized production. Through this division, the assessment of criminals will be concrete, clear and objective, which will facilitate the specific operation of the assessment and minimize the randomness and subjectivity of the assessment. Managers give different bonus points every month according to the performance of criminals. At present, the bonus for criminals in our prison is 1-3 points. When the bonus points accumulate to a certain amount, you can declare commutation or parole according to relevant regulations. According to our prison regulations, if the reward score reaches 80 points, the prisoner can report a year's commutation. Under normal circumstances, prisoners can accumulate to 80 points after serving their sentences in prison for 3-4 years, that is to say, prisoners can get a year's commutation after 3-4 years of reform. In the actual reform of criminals, there are very few cases in which the prison law stipulates commutation. Most criminals reform silently, accumulate rewards and points bit by bit, and then the prison declares commutation or parole to the local intermediate people's court as required. Some comrades question the percentage assessment system, thinking that it is a "big pot of rice", as long as there is no problem, you can get rewards and points, which can not effectively motivate criminals to actively reform; Another problem is that there is nothing to be done about the reform of short-term prisoners. When released from prison, short-term prisoners may not have accumulated extra points or scores that meet the conditions of commutation and parole, so that short-term prisoners actually have no chance of commutation and parole, which is not conducive to mobilizing the enthusiasm of short-term prisoners for reform. The above-mentioned problems do exist, and I think they can be improved by taking measures, such as winning the lottery and grading, giving less or no prizes to mediocre criminals, and giving short-term criminals the opportunity of commutation and parole by reducing the number of points they report.

A question that everyone is more concerned about is whether there is a phenomenon of trading power and money in the process of commutation and parole of criminals. I personally don't think so. Of course it doesn't exist objectively. At least, in my years of criminal management, there has not been a case of reporting commutation and parole. I think this is caused by the advantages of the 100-point assessment system. Criminals must rely on the accumulation of usual scores to reduce their sentences. Without the accumulation of usual scores, commutation and parole are impossible. After the opening of prison affairs in the prison system around 2000, the monthly report on prisoners' extra points and their commutation and parole should be made public. Not only managers know the accumulation of extra points and whether they meet the conditions of commutation and parole, but other prisoners also know it clearly. Black-box operation is opportunistic, extremely difficult and risky. And commutation and parole have to go through many procedures. First, the sub-prison area will study and sort out the materials, then report them to the district for research and review, then the prison area will report them to the prison functional department for research and review, and then the functional department will report them to the prison commutation and parole meeting for research. After the prison is determined, the prison will report them to the intermediate people's court where the prison is located for a ruling. In such a mobile process, the lack of any link will lead to miscarriage of commutation and parole, and it is not easy to get through all the joints with power and money transactions. Now there is an unhealthy trend, that is, managers can adjust relational criminals to important reform posts and win more awards. The selection ratio of various awards is much higher than that of ordinary posts, which speeds up the process of accumulating awards for relational criminals. This unhealthy trend is based on the subjective evaluation of large components, and there is no more effective way to deal with it at present.

The low application rate of parole is a prominent problem at present. According to statistics, the application rate of parole for criminals in China is much lower than 10%, while the application rate of commutation is as high as 90%, while in some western countries, the application rate is low and the parole rate is high. An important reason for the low application rate of parole is that the substantive conditions of parole stipulated by law are too principled and difficult to grasp in practice. The criminal law of our country stipulates that the essential condition of parole is: "there is indeed repentance, and it will not harm society after parole." This provision is essentially a judgment of the unknown future. According to this regulation, if a criminal is released on parole, the parole undertaker will bear a certain risk of misjudgment. When this risk becomes a reality because the parolees commit crimes again or violate the relevant regulations, the work of those who undertake parole cases will be negatively evaluated, which is unacceptable to every undertaker. Commutation is a summary of past reform, and there is a clear summary standard-the main points of criminal reform. The recidivism of criminals is not necessarily related to their commutation, and the undertaker has no excessive risk and pressure. The out-of-control supervision of parolees during parole is also a reason why practical departments are unwilling to apply parole. The second paragraph of Article 8 1 of China's Criminal Law limits the scope of application of parole, which also creates obstacles for the application of parole to a great extent. For criminals, parole also needs to accumulate the same score as commutation, and after parole, they are subject to various restrictions during parole, so they are still criminals in terms of identity, so criminals would rather choose commutation than parole.

(6) The protection of the right to education has encountered bottlenecks.

For criminals serving their sentences in prison, it is both an obligation and a right to receive education and reform. It is a right because criminals have the right to re-socialize, and the government is required to provide them with education to re-enter society. Educating and reforming criminals is the guiding ideology of prison construction in China. Since the founding of New China, China Prison has attached great importance to the education of criminals, forming a systematic and complete three-door education system, which focuses on ideological education and combines cultural education with technical education. This educational system has our own characteristics, and has played an extremely important role in educating and reforming criminals. It is more practical, systematic and effective than the education of criminals in western countries. Ideological education used to be called political education, which mainly includes legal system, morality, situation, policy and future. Cultural education mainly includes primary and junior high school cultural education. On the one hand, technical education cultivates prisoners' production skills for prison production, on the other hand, it carries out technical education in other projects to meet the employment needs of prisoners after their release from prison.

At present, the problems existing in the protection of criminals' right to education are: the content of ideological education is empty and the way is single; Low level of culture and education, few courses; Technical education has a narrow scope and poor pertinence. Social changes have led to the complexity and changefulness of prisoners' thoughts. The original slogan-style and preaching-style ideological education methods have long been out of date, but the content and methods of ideological education that meet the needs are still being further explored. At present, most prisoners in prisons have a junior high school education or above. Due to the limitation of teachers, funds and facilities, how to improve the cultural and educational level of criminals has become a prominent problem in prison cultural education. In terms of technical education, due to the separation of supervision from enterprises in China, technical education in prisons mainly serves prison production, and there are few technical education projects that meet the employment needs of criminals after they are released from prison, with shallow content and poor practicality. For example, the technical education projects carried out in our prison mainly serve coal mine production, such as coal mining, ventilation, roadway maintenance, electromechanical and so on. Although technical projects such as electrical appliance maintenance, tailoring and sewing, cooking, hairdressing, poultry breeding and carpentry have been carried out to meet the employment needs of criminals after their release from prison, they have not been really mastered by criminals because of insufficient attention, weak foundation and lack of specific practical operations. Another problem is that criminals usually study at night, work in the workplace during the day, and study after a hard day. It is difficult for criminals to concentrate, and learning becomes a burden for criminals to reform. Many criminals try their best to avoid studying, which also increases the obstacles to educating and reforming criminals. Therefore, although the current prison education system in China has played a great role in reforming criminals, it can no longer meet the current needs of reforming criminals, and it has reached a critical moment to explore new ways and establish new mechanisms. At present, the psychological education and correction of prison criminals is developing rapidly, but some deep-seated problems have begun to appear, such as the low professional quality of correctional officers, how to ensure the personal safety of correctional officers, how to combine criminal psychological problems with solving practical problems, and so on, which have also begun to become prominent problems that plague the development of prison education.

(seven) the gradual strengthening and alienation of the protection of labor rights.

Since the founding of New China, labor is no longer just a means to punish criminals, but more importantly, it is a means to educate and reform criminals. The prison law stipulates that labor is one of the three major means to reform criminals. Many people think that labor is more obligatory. I believe that with the development of civilization and the enhancement of human rights awareness, labor is not only a criminal's obligation to reform, but also a right, a basic way to integrate into society, a condition that the government must provide for re-socialization, and a means that everyone should have to create social wealth and make a living. Through labor, we can deepen and improve our understanding of society and ourselves, thus constantly enhancing our ability to transform ourselves and adapt to society. This property of labor is consistent with the fundamental purpose of reforming criminals in prisons in China. Mao Zedong said in "On Practice": "The production activity of human beings is the most basic practical activity, which determines all other activities. People's understanding mainly depends on material production activities, and gradually understands natural phenomena, nature, regularity and the relationship between man and nature; Moreover, through production activities, we gradually understand a certain degree of relationship between people. "

In our country, most criminals have good working habits before they go to prison, and after they go to prison, they can consciously obey the arrangement, actively participate in labor, and better complete the task of labor reform. Only a small number of criminals did not engage in formal physical or mental work before going to prison, and did not form conscious labor habits. There are still a few criminals who despise labor. For these criminals, their labor is somewhat compulsory for a period of time after imprisonment. With the increase of reform time, most of these criminals will also develop working habits. Article 69 of China's Prison Law stipulates that "criminals who have the ability to work must take part in labor". An important aspect of criminals' right to work is the right to get paid. Article 72 of the Prison Law stipulates: "A prison shall pay remuneration to criminals who take part in labor in accordance with relevant regulations, and implement the provisions of the state on labor protection". At present, prisons give different amounts of labor remuneration to criminals who take part in labor. Since 1992, Lunan Prison has been implementing a criminal salary system, including basic salary (basic living expenses), post salary (technical or post salary), benefit salary (labor bonus), graded salary and so on. The basic living expenses are not at the prisoner's disposal, but arranged by the prison. The remuneration of criminals does not have the same meaning as that of ordinary people in society. The remuneration of criminals is only a part of their labor income, and the amount on the surface is very small. Most of them are used to improve the lives of criminals and raise the level of charity through grants and subsidies. The White Paper on the Reform of Criminals in China pointed out: "The production income of labor is mainly used to improve the lives of criminals, maintain reproduction and improve other collective living facilities related to criminals, which has played a very good role in reducing the burden on the country and the people." The monthly benefit salary of criminals depends on their post, labor performance and the overall benefit of the prison. Prison criminals with better production conditions receive higher bonuses. In Lunan Prison in 1992, each prisoner can get a bonus ranging from 30-80 yuan every month. Now every prisoner can get about 200-800 yuan every month. Some thrifty criminals have had a lot of savings in the past few years. The sale and outlet of criminals' labor products is a sensitive issue for the international community. According to the relevant international regulations and practices, the purpose of prohibiting the export of criminals' labor products is to prevent excessive labor oppression on criminals for the purpose of generating income through export and protect their rights. China has always strictly abided by relevant international regulations, and the products of criminals' labor have not flowed to the international market. On June 199 1 10, the Ministry of Economy and Trade of China and the Ministry of Justice jointly issued the "Regulations on Reiterating the Prohibition of the Export of Labor Reform Products", and the prison system in China strictly abides by this regulation. 1On August 7, 1992, the governments of China and the United States signed the Memorandum of Understanding on Prohibiting the Import and Export of Prison Labor Products in Washington, D.C., and our government strictly followed the terms of the Memorandum. At the request of the United States, on March 30th 1994, China arranged for the staff of the American Embassy in China to visit Beijing No.1 Prison and Qinghe Farm. According to the survey, there is no problem for these two companies to export to labor products.

In fact, the prison labor in China is divided into two parts, one part is the labor of criminals, and the other part is the labor of prison workers and their families. The products of prisoners' labor account for a small part, which is mainly used to meet the needs within the prison system, and the rest flows to the domestic market through normal market competition.

At present, criminals have several phenomena in prison labor. First, overtime still happens from time to time; Second, the phenomenon of contempt for labor among criminals has risen, mainly due to the influence of western criminals' reform methods. It is a misunderstanding that criminals should work voluntarily. Third, the evaluation of criminals' reform relies too much on criminals' reform through labor, and the rewards for criminals are mainly based on criminals' usual reform through labor, resulting in the phenomenon that criminals attach importance to reform through labor and neglect ideological reform.

(8) The political rights of criminals are well protected.

From the perspective of whether they enjoy political rights, criminals serving sentences in prisons can be divided into two categories, one is deprived of political rights and the other is entitled to political rights. Criminals deprived of political rights naturally do not enjoy the political rights stipulated in Article 54 of the Criminal Law. "Additional deprivation of political rights shall be counted from the date of completion of fixed-term imprisonment or criminal detention or the date of parole; The effect of deprivation of political rights is of course applicable during the execution of the principal punishment. " Without additional deprivation of political rights, due to the restriction of objective conditions such as prisoners serving sentences, they can only exercise the right to vote in prison, but not the right to be elected and hold positions. 1On March 5, 983, the National People's Congress Standing Committee (NPCSC)'s "Several Provisions on Direct Election of People's Deputies below the County Level" stipulated: "Criminals who have not been deprived of their political rights can exercise their voting rights, but they can stop exercising their voting rights because they are being investigated, prosecuted and tried by the people's procuratorate or the people's court." It can be seen from this provision that criminals who are not deprived of political rights can only exercise the right to vote when serving their sentences in prison, and other rights are generally not exercised. Our prisons fully respect and guarantee the freedom of religious belief of criminals. The white paper "Reform of Criminals in China" points out: "The China government allows religious criminals to maintain their original religious beliefs during their detention". However, the freedom of religious belief enjoyed by criminals is different from that enjoyed by ordinary citizens in scope. Criminals have the freedom to maintain their original religious beliefs, but in other aspects, such as believing in new religions and holding religious activities, they are not allowed in practice. 1992 in its official reply, the Ministry of Justice pointed out that criminals who believe in religion are not allowed to conduct religious ceremonies. When I was the district head of the sub-prison, all the minority prisoners in the prison were concentrated in the sub-prison I managed for unified management. Although the number is small, the prison leaders specially instructed them to respect their freedom of religious belief and national habits, and pay attention to distinguishing them from other prisoners in terms of diet, language and living habits. Practically speaking, I am extremely cautious about the management of minority criminals, especially during their festivals. They are not allowed to attend the ceremony. They must work ahead of time and clarify laws and policies. Prisons only have ethnic kitchens to show respect and care for ethnic minorities.

(9) The protection of marriage and family rights develops slowly in the debate.

Marriage and family rights are closely related to personal freedom, and the imprisonment characteristics of prisons deprive criminals of personal freedom. Therefore, whether criminals should enjoy marriage and family rights and what marriage and family rights they should enjoy are controversial issues in theory and practice. For example, whether criminals have the right to marry is not explicitly prohibited by law, but it is not allowed to be exercised in principle. In practice, there are such exceptions. Before serving his sentence, the criminal had cohabited with his spouse and had children, and everyone around him thought they were husband and wife. During the prison term, one party proposed to register for marriage, and the other party agreed. In this case, the prison can help him complete the registration procedure. Some time ago, the issue of reproductive rights of prisoners on death row, which was hotly debated by the media, ended in an official negative answer. The question of whether prisoners can live with their spouses during their sentences has also attracted many people to participate in the discussion. Some comrades, based on the provision of "going out to visit relatives" in the second paragraph of Article 57 of the Prison Law, think that since criminals can be allowed to go home to visit relatives while serving their sentences, they are not prohibited from exercising their spouse rights while visiting relatives, then criminals who meet certain conditions can of course be allowed to exercise their spouse rights in prison. There is no uniform provision in laws and regulations on this issue. In practice, many prisons allow criminals and their spouses who meet certain conditions to live in places set up by prisons. In ancient China, it was nothing new to allow criminals to live with their spouses, such as the system of the wife's obedience, detention and release in prison. Among them, "listening to the wife in prison" is a rule that allows the criminal's wife to live with the criminal in prison.