The Marriage And Family Rights Of Criminals

Along with the development of the socialist legal system construction and the reform of prison work, respecting and protecting the criminals' rights have become a basic requirement of prison management according to law and civilization governance. Especially in 2004, the advent of "state respects and safeguards human rights" expressed that Chinese socialist democracy and construction of legal system had achieved to a new level. In this situation, as one of the vulnerable groups, the protection of criminals'rights received more and more attention. Criminal's rights of marriage and family, as an important part of the criminals' rights, are worth getting our attentions and researching.The rights of marriage and family, as a basic natural right of human beings, the criminals also should enjoy them. The guarantee of criminals'marriage rights is beneficial to education and reform of criminals, maintaining social stability. Moreover, it is also profitable to guarantee of human rights and the realization of penal execution purpose.As a special group, criminals'freedom is restricted. In practice, it is hard for them to exercise their rights of marriage and family as ordinary citizens do. Also, it is true that some legal blind areas do exist in contents of criminals'marriage and family rights, and criminals who suffered infringement in the course of prison execution cannot acquire any help. By researching rights of criminals'marriage and family ,and summarizing its concepts and characteristics and the concrete contents, according to defects of the legislation and execution that appear in the fulfillment process of marriage and family rights of criminals, this thesis will analyze its reasons and provide related solutions and measures, on the basis of looking for balance point of criminals basis rights and prison governance, realizing the protections of their basis rights much more better.