Research On The Procreative Right Of Prisoners

Procreation is the instinctual need of the human race, as the meanwhile, it is the most important approach of the prisoners’life extension, Procreation is a human right. As the implementation of "Proclamation of Teheran","Declaration on social Progress and development","World Population Plan of Action","ICPD Program of Action", the fundamental right of the procreation has been recognized in the world. In our daily lives, the procreation right of prisoners has been neglected for a long time. The personal freedom of prisoners has been limited, so a lot of rights of prisoners inevitably suffered restrictions or suspended on account of the supervision, the procreation right of prisoners is related to the gap of China’s laws and judicial practices. The procreation right of prisoners is the most important content of criminal’s human rights, this dissertation tries to illustrate the basic legal nature of procreative right, and discuss the feature of the procreation right of prisoners on that basis, demonstrate the legitimacy of the procreation right of prisoners from various angles and layouts, ultimately give some advice on the perfection of China’s procreation right of prisoners.Except from epilogue, this dissertation is divided into five parts:The first part mainly introduces the research background, the status quo home and abroad on the procreation right of prisoners, and the frame and the research methods of this dissertation. It analyses the realistic background of this research, and points out the significance of the research on the procreation right of prisoners.The second part analyses the basic legal nature of procreative right. On the basis of the international treaty and domestic law, it comes to a conclusion that the procreative right is a fundamental right, a constitutional right and a civil right. Based on the analysis of different levels, the right would present different morphology, the three characters of the procreative right come from different value and level consideration, and there are both links and differences between them.The third part analyses the qualities of procreative right of prisoners. It is necessary to explain the legal status of prisoners, although they are punished by the criminal penalty, they still have the rights which are not deprived by the law. In the meanwhile, it’s worth noting that because of the special legal status of prisoners, the procreative right of prisoners has some different trait from the Ordinary Citizen. The realization of prisoners’procreative right confronts the confliction with the personal liberty, the penalty purpose and the prisons service.The fourth part discusses the legitimacy of the procreation right of prisoners. This part analyses and demonstrates the prisoners’procreative right from a legal perspective. Based on the constitutional law and the modern penalty aims and the reflection on the legal paternalism, the writer wants to demonstrate the justification of the prisoners’procreative right.The five part emphatically discusses the perfection of the system security of the procreative right of prisoners in china. At present, the procreative right of prisoners is still non-existent in our country’s law.So this part mainly gives some suggestions to the legal and procedure perfection from legislation, law enforcement and judicial work perspectives, hoping that it would gives some references on the implementation of procreative right of prisoners.Prisoners’procreative right is the important topic to the guarantees of human rights of criminals. Actually, the right of procreative of prisons is impending in practice, and it indeed confronts with complex legal relationships and obstacles. Only we face up to those Problems and disputes, can we push the protection of prisoners’ human rights forward.