| The underage children of prisoners in our country are a large number of vulnerable groups.Because of one or both parents are sentenced to criminal detention,their underage children stay in a negative development situation.The lack of guardianship will inevitably have a negative impact on their physical and mental health.The growth of juveniles is a critical period of life.Because of the lack of social experience,they are vulnerable to adverse environmental impact.The underage children of prisoners are faced with a series of social problems,such as life distress,lack of education and spiritual emptiness.This group,which needs special attention and assistance from the society,are suffering from the general public’s ignorance,unacceptance,the blank of legal norms and security system.As a special group of vulnerable groups,they need not only material assistance,but also legal system to provide corresponding rights protection.However,in our country’s legal and social security system,there is hardly any legal basis to guarantee the personal rights of underage children of prisoners.At the same time,due to the lack of clear provisions and the unclear responsibility subjects of civil affairs,education,justice and other departments,it is difficult to fundamentally solve the group’s life,education and employment problems,and even a series of serious social problems,such as homelessness,vagrancy and begging,and the increase of crime rate.The underage children of prisoners are short of good guardianship,education and healthy growth environment,and their physical and mental development is greatly affected.Starting from the relevant concepts and significance of legal protection of underage children of prisoners in China,this paper systematically expounds the current situation of legal protection,judicial and social problems caused by insufficient legal protection,and mainly discusses the lack of relevant legislation,the low level of legal norms,and the lack of operabilty of protection content.Aiming at the problems of physical and mental health and juvenile delinquency caused by insufficient legal protection,difficulties in executing criminal imprisonment penalty,low quality of reform of prisoners,and inadequate development of civil assistance,this paper uses comparative analysis and literature to refer to the relevant legislation and system establishment of legal protection for underage children of prisoners abroad.By using literature analysis,comparative analysis and case analysis,the author puts forward his own views on the relevant improvement opinions.Starting with the improvement of basic legislation and related norms,we should improve the national guardianship system and explore the establishment of family foster care system.At the same time,starting from the prisoners themselves,we should improve the parole system and the existing prison interview system.A systematic and multi-angle legal protection system suitable for the underage children of prisoners has been constructed,which provides systematic legal protection to this group is of positive significance to safeguarding the legitimate rights and interests of yornig people,promoting the early return of prisoners to family society and promoting the harmony and stability of the whole society. |
