Research On The Legal Protection Of Marriage And Family Rights Of Prisoners

In recent years,with the continuous development of the rule of law and the continuous progress of prison reform,especially in the process of penalty execution,prisons pay more and more attention to the protection of the rights of prisoners.The society pays more and more attention to the marriage and family rights of prisoners.Whether the prisoners enjoy these rights or not is not clearly stipulated in the current laws and regulations,but also not explicitly deprived.However,the author believes that the right of marriage and family is the basic personal right granted by law to Chinese citizens.As citizens,the right of prisoners should be protected.And effective protection of the marriage and family rights of prisoners is not only conducive to use the power of family education to promote the education and transformation of prisoners,but also conducive to maintaining the legitimate rights of family members of prisoners.Therefore,it is of practical significance to protect the marriage and family rights of prisoners,which should be concerned and studied.As a special group,the personal freedom of prisoners is limited,so it is difficult to exercise the rights of marriage and family like ordinary citizens.At present,there are many deficiencies in the legislation of the marriage and family rights of prisoners in China,so in reality,many contents of the marriage and family rights of prisoners have legal blind areas.There are still many problems to be solved in the legal protection of the marriage and family rights of prisoners in the prison system,which leads to the violation of the marriage and family rights of prisoners in the process of prison implementation.The marriage and family rights of prisoners have been well improved in some western developed countries,but due to the lack of legal attention to prisoners in China,the legal protection of the marriage and family rights of prisoners is still in the exploration stage.The marriage and family rights of prisoners mainly include marriage autonomy,cohabitation right,childbearing right,child support right and inheritance right.Although marriage and family rights have natural attributes,they also have social attributes.Due to the restriction or deprivation of personal freedom according to law,the prisoners are inevitably restricted by public power when exercising the right of marriage and family,and restricted by the prison reform management.Therefore,the exercise of marriage and family rights by prisoners has obvious characteristics,such as the exercise of rights should be subject to prison management,the exercise of rights in a special way,and the exercise of rights is unstable.The prison law passed on December 29,1994 stipulates the rights enjoyed by prisoners,including the rights of marriage and family.Prison law is the basic legal basis for determining the scope of rights of prisoners.In addition,the provisions of criminal law,criminal procedure law,general principles of civil law and other departmental laws are also the relevant legal basis for determining the scope of rights of prisoners.The legislation to protect the rights of prisoners,including the marriage and family rights of prisoners,is based on the constitution,with the prison law as the core,and supplemented by other legal norms such as criminal and civil related entities.As one of the basic rights of the prisoners,the right of marriage and family cannot be fully realized in the process of exercising this right due to the lack of legal protection and other reasons.The lack of legal protection is mainly reflected in the lack of legislative protection and legal enforcement.In the aspect of insufficient legislative guarantee.The marriage law and prison law of our country have no specific provisions on the marriage autonomy of prisoners,only some provisions in the approval documents of the judicial system and relevant department regulations,and there is a certain blind area in the legislation.For the protection of cohabitation right of prisoners,there are no specific provisions in the current laws and regulations,which is also a long-standing legal blind spot.There are no clear legal provisions on the legislative protection of the reproductive rights of prisoners.In terms of reproductive rights,although the constitution,the law on the protection of women's rights and interests,the law on population and family planning and the marriage law all involve the issue of citizens' reproductive rights,the provisions are not specific enough,and there is no clear explanation on the ways to guarantee and realize them.Of course,it is impossible to guarantee the reproductive rights of prisoners during their sentence.In terms of the legislative guarantee of the custody of the children of the prisoners,at present,the law does not clearly stipulate the contents of the custody of the children of the prisoners,nor the procedures for the realization of the custody of the children of the prisoners,nor the laws and regulations for the protection of the custody of the children of the prisoners.There is no clear legal basis for the legislative guarantee of the right of succession of prisoners.The main reasons for the lack of legislative security are the low rank of the legal effect of prisons and the lack of systematic and overall thinking of relevant legislation.In terms of insufficient law enforcement guarantee.It is mainly reflected in the lack of justice in law enforcement by prison administrators,the violation of the marriage and family rights of prisoners in prison law enforcement management,and the lack of relief channels for the rights of prisoners.The main reasons for these deficiencies are the lack of law enforcement procedural provisions,the lack of law enforcement capacity of some prison law enforcement officers,and the lack of effective supervision of prison management power.In order to ensure the safety of prison supervision and the quality of reform,and better protect the marriage and family of prisoners,the improvement plan for the above deficiencies is:in the aspect of legislative protection.As soon as possible to improve the prison law on the rights of prisoners.A chapter on the rights of prisoners is added to the prison law,including the rights of appeal,prosecution,interview,labor reform,rest,marriage and family,which stipulates the preconditions,realization and relief ways for prisoners to apply for marriage and family rights.In this way,the realization of the marriage and family rights of prisoners has a legal basis.When revising the provisions of prison law,relevant provisions should also be made in the supporting implementation rules of criminal law,criminal procedure law and prison law,so as to ensure that the provisions for the protection of the rights of prisoners are coordinated and consistent,so that each law and regulation can realize the protection of the marriage and family rights of prisoners in their respective adjusted social relations.In law enforcement.The first is to improve the prison law enforcement procedures from the aspects of improving the system of prison reform assessment and prison affairs publicity;improving the application system of administrative reconsideration for prisoners;establishing and improving the internal appeal system for prisoners.The second is to strengthen the supervision of law enforcement of the prison police by establishing the horizontal supervision mechanism,reforming the internal supervision mechanism and strengthening the supervision power of the procuratorial organ.The third is to change the concept of prison law enforcement personnel by implementing the policy of "combining punishment with reform and focusing on education reform".The fourth is to improve the law enforcement capacity of prison law enforcement personnel by improving the access standards of prison police,strengthening training,and establishing the mechanism of law enforcement responsibility.