Research On The Guarantee Of The Birth Right Of The Prisoners In China

The natural reproduction of human beings in the human society is the foundation of human's endless and sustainable development.As the basic human rights recognized in the world,reproductive rights also have a clear expression in our laws.But the reality is that prisoners' reproductive rights are beyond the "high wall" in our prisons.From the moment when prisoners entered the prison gate,they basically declared the stop of reproductive rights.The main reason is that prisoners can not have sex with their spouses in prison.Therefore,the physical isolation of prisoners to exercise reproductive rights.With the gradual implementation of the policy of visiting relatives in prison,it provides conditions for a small number of prisoners to exercise their reproductive rights.The growing maturity of assisted reproductive technology and the decrease in cost have broken the limitation of traditional birth methods,and the prisoners can also achieve reproductive rights without the sexual behavior of their spouses.Under the new situation,the law enforcers in our country should not deprive the prisoners of their childbearing rights with the objective conditions,and should help the prisoners to achieve this right by maintaining the sacred mission of the law.Based on the field investigation of the right of childbearing for the prisoners,this paper studies the problem from three aspects: the basis and significance of the right of serving the prisoners,the protection of the reproductive rights of the prisoners at home and abroad,the existing problems and the realization of the birth rights of the prisoners.The innovation of this article is to expand the protection of the individual's personal reproductive rights to the protection of their spouse's right of birth.From the angle of eugenics,the importance of the prisoners and the right of childbearing to the life and health of the pregnant women and children is discussed.From a humanitarian point of view,the reasonableness of the exercise of the right of childbearing for the prisoners is discussed.At the same time,it puts forward the negation of the practice of allowing prisoners in prison to achieve birth through cohabitation,and explores a wayto guarantee the reproductive rights of prisoners in accordance with the national conditions of our country.