Research On Divorce Problems Of Persons Serving Sentences

Divorce is a hot topic attracting universal attention of the current society, wherein divorce of persons serving sentences is a very special part. The paper makes an investigation of marriage status quo of persons serving sentences on Liaoning Dalian Nanguanling Prison. It is defined according to Article 7 and Article 49 of the Prison Law that persons serving sentences own limited marital rights and property rights as well as the asymmetrical rights and obligations in marriage, namely that they cannot perform normal rights and obligations of a wife or husband. At present, due to the deficient legal system, solution of divorce contradictions of persons serving sentences is complicated. It is impossible to determine whether goodwill as between spouses is really broken. Hence, it is necessary to find sharp contradictions in property division on the premise of determining time scope, subject scope and earnings scope of community properties of persons serving sentences. It is also important to put forward targeted suggestions, establish sound laws and regulations and perfect relevant protective systems in order to practically guarantee rights and interests of persons serving sentences.Except for Introduction and Conclusion, the paper is divided into 5 parts. The first part mainly introduces marital status quo of persons serving sentences and defines limited marriage rights arid property rights as well as marriage characteristics of persons serving sentences; the second part discusses divorce boundaries and divorce procedures of persons serving sentences; the third part analyzes division of couple properties and divorce properties of persons serving sentences, defines scope of community properties of persons serving sentences, and lists prominent problems in divorce property division of persons serving sentences; the fourth part mainly discusses child raising after divorce of persons serving sentences; and the fifth part discusses protection of divorce rights and interests of persons serving sentences, and puts forward bold assumptions for establishment of sound laws and regulations as well as corresponding institutional protection in order to solve problems in divorce of persons serving sentences and remove their worries in remorse and reform.The paper researches the divorce issue of persons serving sentences and aims to provide reference for practical protection of divorce rights and interests of persons ser viag sentences. It also brings certain referential significance to legislative organs, peo ple’s courts and punishment execution organs. Due to my limited competence, relevan t improvement measures proposed by the paper still need to be inspected in practice.