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Reproductive Rights Of The Condemned Prisoner

Posted on:2016-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:H L WangFull Text:PDF
GTID:2296330470464857Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Condemned prisoner,that is,a person who is sentenced to death penalty criminals by the people’s court.It includes the immediate execution of death penalty and death with a two-year reprieve criminal. Though they are being guilty of a capital crime,they are not lose their citizenship.Expect for the deprived right,the remaining rights should be protected.Their reproductive rights is not deprived in the law, so that’s the reason why we should protect it., these principles include a clear legal basis,sufficient theoretical basis and practical foundation for morality. Although condemned prisoner should enjoy reproductive rights, its rights must be restricted strictly, firstly,it must be the person who is sentenced to death penalty criminals by the people’s court.secondly, it must be based on a legal marriage; thirdly, the childbearing right time should only be performed immediately after the entry into force of the death penalty to the approval of the Supreme People’s court during this period in the execution; last, the death penalty criminals only through assisted reproductive technology to help achieve the reproductive right.However,the reproductive rights of the condemned prisoner will bring about a series of problems, including the way of the realization of the reproductive rights, the equal rights of men and women, their children’s education and social public acceptability issues, etc..Taking those problems into consideration, the following ways can deal with it:firstly,it should fully guarantee the meeting right of the condemned prisoner,which is realized by the artificial reproductive technology; secondly, it must take measures to ensure the realization of the reproductive rights of female condemned prisoner, which will contribute to the equality of men and women prisoner; thirdly, the children of the condemned prisoner should accept education through the combination of school education and family education,at the same time,we should pay attention to the psychological counseling and education, and improve the social security system, and play the role of grass-roots mass self-government organizations to solve; last, how to let the public accept it, it mainly depends on the increase publicity and education, we should enhance the legal awareness, public awareness of rights, making everyone know the important meaning of the reproductive rights.In order to guarantee the realization of the reproductive rights, we can take the following measures: firstly, we should improve the relevant legislation to ensure that the condemned prisoner has the reproductive rights according to the law; secondly,under the premise and clear provisions in the legal standard, we should set up the supporting measures to protect the reproductive rights accordingly; thirdly, we should make full use of the existing artificial assisted reproductive technology to help the condemned prisoner make the realization of the reproductive rights.
Keywords/Search Tags:condemned prisoner, reproductive rights, obstacle, solution
PDF Full Text Request
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