Research On The Right To Procreate Of The Prisoner

The prisoners are a special group in our society. Although the personal freedom is restricted, the protection of their rights is extremely important. This is not only a country of human rights respect, but also an important aspect of social law and a sign of progress. Among which, the author thinks that the protection of the right to Procreate of the Prisoner is a research question, it is a worthy of our attention.The right to Procreate, as a fundamental right of human rights, the prisoners should be entitled to. The confirmation of the right to procreate of the prisoners is benefit to reach the goal of the penalty and helpful for the prisoners begin their new life after serving the life sentence. The confirmation of the right to procreate is also an embodiment of the human rights protection of China.At present, the confirmation of the right to procreate in China is still exist great problem, in a certain extent, prison authorities although to implement it in the somewhere, but most of this is only as a transformation of the incentive mechanism, not as a human rights to understand and carry out, as a special group, although the prisoners' personal freedom is restricted, it's difficult to achieve the right in the exercise the same as the other ordinary citizens, the protection of the right to procreate cannot be ignored. Therefore, we must find the balance between the protection of the procreate right and the administration in the Prison.The full text contains four Parts. This paper firstly discusses the basic theory of the right to procreate, on this basis, the author points out the dilemma in the protection of the right to procreate of the prisoners, based on the conservation status of the right to procreate of the prisoners, domestic and foreign relevant legal provisions comprehensive. As a basis, the author strives to give some measures for our country's protection of the right to procreate of the prisoners.Except the introduction and conclusion, this article is divided into four chapters: The first chapter defines the basic meaning of the right to procreate, and then leads to the legal attribute of the right to procreate in accordance with its meaning, the content mainly involves the discretion of fertility, reproductive health and reproductive rights and the right to resort to the law when be violated. This chapter fully demonstrated the basic theory of the right to procreate.The second chapter introduces the conservation status of the right to procreate of the prisoners and the existing difficulties. Firstly, I compared the protection of the right to procreate of the prisoners at home with abroad, then, I did a briefly Introduction of the dispute and difficulties about the right to procreate of the prisoners in our country.The third chapter discussed respectively from the human rights, legal and social point of view on the necessity of establishing the right to procreate of the prisoners, repeatedly demonstrated the importance of the exist of the right, for proposed the concrete improvement Suggestions in following article.Combination of the above views, the fourth chapter put forward several proposals in the purpose of protect the right to procreate of the prisoners effectively. The author classify the prisoners, according to their respective dilemma, concretely describes, and puts forward concrete strategies to achieve the purpose of protect the right to procreate of the prisoners effectively.