关键词: 服刑人员, 权利意识, 权利建构, 主位视角

Abstract: This paper substitutes the theme perspective for the rule analysis, i.e. explores the issues of the right consciousness of prisoners from the perspective of prisoners themselves, and attempts to promote the realization of prisoners’ rights. According to our research, under the overall social structure, it was an obedient relation between the traditional prison and its prisoners. The realization of rights was merely decided by the prison and was seen as a “graceful” favor. With the social transformation, the social individualization becomes a prominent feature. Since the individualization disorganizes the original value system, individuals begin to deliberate the meaning of life and their moral ideals,and to claim their rights. In that case, the rights consciousness achieves the transformation from “favor” to “manipulation”. This transformation requires a kind of manipulative consciousness of individuals themselves on the one hand; and on the other hand, requires true respect and acknowledgement of this manipulative consciousness of others. In addition, the freedom of rights can not be confused with excessive rights protection, and the judicial organs should beware of the qualitative change of prisoners in the process of safeguarding their legitimate rights from “rights protection” to “profit seeking”.

Key words: prisoners, right consciousness, right construction, theme perspective