罪犯权利论纲

罪犯权利的根据有二一是基于人权而确认的罪犯权利;二是基于刑罚的目的而赋予的罪犯权利.刑罚权与罪犯权利在性质上相互对立,在限度上此消彼长,在内容上相互制约,两者又都根植于社会生活的需要,是既对立又统一的辩证关系.罪犯权利存在着应有权利、法定权利和实有权利三种状态,罪犯权利的发展就是通过一定的途径实现从应然向实然逐渐转化的过程.

On the Criminal Rights

There are two bases underlining the criminal rights: (1) the rights derived from the human rights (2) the rights bestowed to criminals in accordance to the ultimate goal of legal punishment. Although the aims of exercising legal punishment and granting the rights are different, and mutually undermining and restrictive, they both originate from the social expectations, and constitute a paradox of contradiction and integration. The criminal rights can take three forms, i.e. the rights needed, legalized and realized. The development of the rights is no other than the evolution from the needed to the realized along a particular course.