Research On The Guarantee Of The Reproductive Rights Of Prisoners In Our Country

Compared with ordinary citizens,many rights of prisoners are easy to be ignored and violated However,due to the punishment and condemnation by law and morality,most of their rights are difficult to be recognized by people,and the right to bear is one of them.Procreation,is the natural reproduction behavior,is the human instinct demand.Since human beings entered the social state,the right to bear has been gradually righted and recognized as a basic human right by law.As prisoners,they do not lose the basic attributes of being human,and should enjoy the rights as human beings.In reality,the birth right of prisoners is often in a state of suspension.In recent years,the cases of prisoners' request for the right to bear have appeared in succession at home and abroad,so it is necessary to make a reasonable response to the existence and guarantee of their right to bear from the perspective of lawAt present,there is no unified opinion or practice on the reproductive rights of prisoners all over the world.Through literature review,we find that the academic discussion on the reproductive rights of prisoners mainly focuses on the nature of the reproductive rights and the particularity of the reproductive rights of prisoners.Although the understanding of the nature of the reproductive rights is not consistent,many mathematicians have reached a consensus on inferring the reproductive rights of prisoners based on their nature.At present,scholars in our country mostly expound the childbearing rights of prisoners from the perspective of criminal law and penalty.They seldom analyze the childbearing rights of prisoners from the perspective of macro and comprehensive.This paper holds that with the deepening of the research on the protection of the reproductive rights of prisoners.It is necessary to provide theoretical support for them from a broader perspectiveThis paper is a holistic study on the protection of the reproductive rights of the prisoners.Based on the existing research,this paper studies the reproductive rights of prisoners,and then hopes to put forward relevant suggestions for the protection of reproductive rights of prisoners.First of all,through the collection analysis of existing laws and regulations,previous research views and classic cases,this paper expounds that reproductive right is not only a basic human right,constitutional right,but also a civil right.Through comparison,it points out that the childbearing right of prisoners is different from that of ordinary citizens and ordinary rights,so the childbearing right is special This paper analyzes the legitimacy,feasibility and significance of the protection of childbearing rights of prisoners from the perspectives of constitution,jurisprudence and penalty,seeking theoretical support for the protection of childbearing rights of prisoners.Secondly,we should make clear the existing problems in legislation,ways of implementation and relief.It is pointed out that the realization of childbearing rights of female prisoners and death penalty criminals,and the support of minor children of prisoners are the difficulties of the protection of childbearing rights of prisoners.Finally,in view of the above problems,the author puts forward some suggestions to improve the relevant legal system,broaden the way of realization,improve the way of relief,set up different exercise conditions,and build a social support systemThe protection of the right to bear of prisoners is an important aspect in the field of human rights protection,but there are many limitations and obstacles in the realization of the right to bear Only by deeply studying the reproductive rights of prisoners,facing and solving the current situation and difficulties related to the protection of reproductive rights of prisoners,can we promote the protection of human rights of prisoners.