As the basic human rights and personality rights, procreative rights, which is entitled to human being lasting from birth to death, should not be restricted and deprived. But the realization of procreative rights is also subject to restriction. As human being, it is no doubt that death penalty criminals should have procreative rights. But the scholars'comments are decided on whether the condemned criminals should be given the procreative rights. This issue, undoubtedly stems from the blank of law. But the rooted cause lies in the confusion of two concepts, namely, the entitlement of procreative rights and the realization of procreative rights. The author, therefore, will elaborate on the entitlement of procreative rights and the realization of procreative rights so as to give a clear picture of this issue.
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