Study On The Guarantee Of The Reproductive Right Of The Prisoners In Prison

Procreation has both biological and sociological significance.In biology,reproduction completes the inheritance of individual genes.In sociology,the basic condition of human development is the continuation of population,while reproduction bears the important task of population continuation.Reproduction and life extension is an important behavior of human society and also the basic condition to promote the progress and development of human society.At present,the international community has reached a consensus on the reproductive right as a basic human right.However,in the judicial practice,the prisoners still face many difficulties and challenges to realize the reproductive right.Since inmates entered prison,their reproductive rights have been restricted.The reason is that the current realization of reproductive rights in our country mainly depends on the sexual behavior between men and women,while prisoners cannot have sexual behaviors with their spouses in prison due to the restriction of personal freedom,so naturally they cannot realize the reproductive rights.Therefore,due to the physical layer of isolation,the realization of reproductive rights of prisoners has a negative impact.In prison law enforcement management process,from the prison to visit system and concessions from the monitor system for few inmates actually provided the conditions for the exercise of reproductive rights,but because the prison to visit system and concessions from the prison system from prison inmates can regulation strictly,and realize the conception,birth is a complex process,can lead to real through the two system to realize the reproductive rights of chance is not big.At present,with the continuous development of assisted reproductive technology,coupled with the gradual reduction of costs and expenses,the traditional way of reproduction has been overturned,and the dependence of prisoners on the personal freedom of reproductive rights has not become an obstacle to the realization of this right.Under the current social development situation,China can no longer cause the inmate’s reproductive right to exist in name but should change the law enforcement concept and actively help the inmate to realize the reproductive right.In this study,the protection of reproductive rights of prisoners at home and abroad was firstly discussed in depth,and the issue of whether prisoners enjoy reproductive rights was put forward in combination with relevant cases.How do prisoners achieve reproductive rights?Then through the analysis of the basic system of reproductive rights,it is pointed out that the law does not deprive prisoners of their reproductive rights,and there is no violation of the law during the exercise of their rights,so it is feasible to realize the reproductive rights with the help of modern medical technology.In the third part,the author discusses the difficulties and challenges faced by the legislation,judicial practice and right relief of the reproductive rights granted to prisoners under the current social conditions from the perspective of the conflicts between the reproductive rights and other interests enjoyed by prisoners.Based on this,in the fourth part,combined with the information summarized and sorted out,Suggestions are put forward to protect the reproductive rights of prisoners,including improving the reproductive rights system,providing diversified ways to realize the reproductive rights of prisoners and how to protect their rights and interests in accordance with the law if the reproductive rights of prisoners are restricted.