| Summary: | 碩士 === 開南大學 === 人文社會學院法律碩士在職專班 === 107 === A prison is a place for criminals to execute penalties. It is also a correctional institution for re-education and socialization of criminals. Its goal is to promote the repentance of the criminals and make them adapt social life and no longer commit crimes after returning to society.
Now that the awareness of human rights is on the rise, the rights of the inmates is an important issue that has received attention. However, before we talk about the guaranteed basic rights of the inmates, we should first protect the prisoners’ right to present petitions when they are dissatisfied with the prison measures. But now, when the current inmates in Taiwan are dissatisfied with the measures, according to the current provisions of the Correctional Execution Law, the inmates can only file a complaint as a remedy. At the same time, in the implementation rules of the Correctional Execution Law, the supervisory authority has the right to make the final decision. It can be seen that the prisoners are limited by the traditional special power, and the prisoners can only file an internal prison complaint as a remedy and lack of legal remedy from outside prison such as filing a lawsuit.
Therefore, I explore the possibility of a full opening of the prison remedy system and the possible burden that might appear by analyzing the common types of complaints in the current prisons, based on the Chief Justice Interpretation No. 755 and the current inmates’ remedy system, in hope of providing the necessary protection of the basic rights of the inmates in prison, and put forward specific recommendations for the current prison management and for the protection of the prisoner's remedy system. I hope that this paper can be beneficial to the protection of the basic rights of prisoners in the reform of Taiwan's prison.
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