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郭国汀律师专栏
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
·法治的目的
·法治与民主的前提与条件
·法治的起源与历史
·开明专制与法治--极权流氓暴政下决无法治生存的余地
·法治的基石和实质
·法治的精神
·法治余论
·一篇值得推介的法治论文杰作/郭国汀
·Judicial Independence and Canadian Judges
***(37)自由研究
***表达自由新闻与出版自由
·当代自由主义的基本特征
·只有新闻自由能治官员腐败之顽症
·郭国汀 唯有思想言论舆论新闻出版结社教育讲学演讲的真正自由才能救中国!
·中国争人权、言论表达自由权的先驱者与英雄名录
·中国政治言论自由的真实现状-我的亲身经历(英文)
·郭国汀论政治言论自由:限制与煽动罪(英文)
·郭国汀论出版自由——声援支持《民间》及主编翟明磊
·郭国汀 美國言論自由发展簡史 [1]
·美国的学述自由:Academic Freedom in the USA
·祝愿祖国早日实现真正的自由!新年祝福
·向中国良知记者致敬!
·丹麥主流社會召開中國言論自由研討會
·中共倒行逆施,严控国际媒体报导中国新闻
·关于思想自由与中律网友的对话 /南郭
·性、言论自由、自由战士
·性、言论自由,自由战士与中律网友们的讨论/南郭
·自由之我见
·不自由勿宁死!
·自由万岁!----我为“新青年学会四君子”及“不锈钢老鼠”辩护
·真正的民主自由政体是中国唯一的选择
·自由万岁!新年好!
·三论思想自由
·为自由而战,为正义事业献身,死得其所无尚光荣
·言论自由受到了严重威胁
·思想自由的哲学基础/郭国汀
·冲破精神思想的牢狱--自由要义/郭国汀
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联合国囚犯最低标准待遇规则

联合国囚犯最低标准待遇规则(1955年通过,1977年修正)
   1977 amendment of Standard Minimum Rules for the Treatment of Prisoners adopted Aug 30, 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, U.N. Doc. A/CONF/611, annex I, E.S.C. res. 663C, 24 U.N. ESCOR Supp. (No. 1) at 11, U.N. Doc. E/3048 (1957), amended E.S.C. res. 2076, 62 U.N. ESCOR Supp. (No. 1) at 35, U.N. Doc. E/5988 (1977).
   南郭点评:将该《联合国囚犯最低标准待遇规则》逐条对照民运英雄张林之《悲怆的灵魂》披露的中国监狱劳改劳教场所被拘押,拘禁的未决或既决人犯的悲惨待遇,得出的结论乃是:监狱劳改劳教场所是中共专制暴政侵犯人权最黑暗最野蛮最残暴之所。中共监狱劳教所规则几乎每一项均与国际法原则相悖。如果说早期是因为中共无知,那么如今肯定是出于恶意。而大批中共党用[法学家][立法者]难辞其咎!中共专制暴政以污辱人犯的人格尊严为乐,以超级剥削人犯的劳动力榨取罪恶利益为目的,以彻底摧毁囚犯作为人的良知为其最高宗旨。因为其以毛氏狗屁不通的改造人之灵魂的所谓理论为指导思想,还因为中共专制暴政下,狱警大多已变成兽类完全没有了人性。尽早终结中共专制暴政的狗命是每个中华儿女义不容辞的光荣义务和神圣的责任。全体中国法律人,让我们共同努力吧!
   
   1. The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions.
   2. In view of the great variety of legal, social, economic and geographical conditions of the world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations.
   3. On the other hand, the rules cover a field in which thought is constantly developing. They are not intended to preclude experiment and practices, provided these are in harmony with the principles and seek to further the purposes which derive from the text of the rules as a whole. It will always be justifiable for the central prison administration to authorize departures from the rules in this spirit.
   4.
   (1) Part I of the rules covers the general management of institutions, and is applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to "security measures" or corrective measures ordered by the judge.
   (2) Part II contains rules applicable only to the special categories dealt with in each section. Nevertheless, the rules under section A, applicable to prisoners under sentence, shall be equally applicable to categories of prisoners dealt with in sections B, C and D, provided they do not conflict with the rules governing those categories and are for their benefit.
   5.
   (1) The rules do not seek to regulate the management of institutions set aside for young persons such as Borstal institutions or correctional schools, but in general part I would be equally applicable in such institutions.
   (2) The category of young prisoners should include at least all young persons who come within the jurisdiction of juvenile courts. As a rule, such young persons should not be sentenced to imprisonment.
   PART I
   RULES OF GENERAL APPLICATION
   Basic principle
   6.
   (1) The following rules shall be applied impartially. There shall be no discrimination on grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
   (2) On the other hand, it is necessary to respect the religious beliefs and moral precepts of the group to which a prisoner belongs.
   Register
   7.
   (1) In every place where persons are imprisoned there shall be kept a bound registration book with numbered pages in which shall be entered in respect of each prisoner received:
   (a) Information concerning his identity;
   (b) The reasons for his commitment and the authority therefor;
   (c) The day and hour of his admission and release.
   (2) No person shall be received in an institution without a valid commitment order of which the details shall have been previously entered in the register. Separation of categories
   8. The different categories of prisoners shall be kept in separate institutions or parts of institutions taking account of their sex, age, criminal record, the legal reason for their detention and the necessities of their treatment. Thus,
   (a) Men and women shall so far as possible be detained in separate institutions; in an institution which receives both men and women the whole of the premises allocated to women shall be entirely separate;
   (b) Untried prisoners shall be kept separate from convicted prisoners;
   (c) Persons imprisoned for debt and other civil prisoners shall be kept separate from persons imprisoned by reason of a criminal offence;
   (d) Young prisoners shall be kept separate from adults.
   Accommodation
   9.
   (1) Where sleeping accommodation is in individual cells or rooms, each prisoner shall occupy by night a cell or room by himself. If for special reasons, such as temporary overcrowding, it becomes necessary for the central prison administration to make an exception to this rule, it is not desirable to have two prisoners in a cell or room.
   (2) Where dormitories are used, they shall be occupied by prisoners carefully selected as being suitable to associate with one another in those conditions. There shall be regular supervision by night, in keeping with the nature of the institution.
   10. All accommodation provided for the use of prisoners and in particular all sleeping accommodation shall meet all requirements of health, due regard being paid to climatic conditions and particularly to cubic content of air, minimum floor space, lighting, heating and ventilation.
   11. In all places where prisoners are required to live or work,
   (a) The windows shall be large enough to enable the prisoners to read or work by natural light, and shall be so constructed that they can allow the entrance of fresh air whether or not there is artificial ventilation;
   (b) Artificial light shall be provided sufficient for the prisoners to read or work without injury to eyesight.
   12. The sanitary installations shall be adequate to enable every prisoner to comply with the needs of nature when necessary and in a clean and decent manner.
   13. Adequate bathing and shower installations shall be provided so that every prisoner may be enabled and required to have a bath or shower, at a temperature suitable to the climate, as frequently as necessary for general hygiene according to season and geographical region, but at least once a week in a temperate climate.
   14. All pans of an institution regularly used by prisoners shall be properly maintained and kept scrupulously clean at all times.
   Personal hygiene
   15. Prisoners shall be required to keep their persons clean, and to this end they shall be provided with water and with such toilet articles as are necessary for health and cleanliness.
   16. In order that prisoners may maintain a good appearance compatible with their self-respect, facilities shall be provided for the proper care of the hair and beard, and men shall be enabled to shave regularly.
   Clothing and bedding
   17.
   ( I ) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him in good health. Such clothing shall in no manner be degrading or humiliating.
   (2) All clothing shall be clean and kept in proper condition. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.
   (3) In exceptional circumstances, whenever a prisoner is removed outside the institution for an authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing.
   18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the institution to ensure that it shall be clean and fit for use.

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