罪犯生育权保障的法理研究

The legal study of the reproductive right of the criminal

生育权是公民的一项基本权利,罪犯的生育权并未被判决剥夺,自然应享有该权利。但由于在押罪犯人身自由权被严格限制,其生育权的实现不同于传统方式,具有特殊性。为保障该权利的实现,同时兼顾子女利益,应遵循申请原则、生育行为与基础行为分离原则、社会责任原则来建构罪犯生育权法律保障制度。

The reproductive right is a basic right of the citizens.The reproductive right of the criminal is not deprived of by adjudication.The criminal still enjoys this right.As the personal freedom for the criminal in jail has been restricted,the realization of his reproductive right is different from that of the traditional way and has its specialty.To save the right and consider the benefit of his children,a legal system should be constructed according to the three principles:application,separation of reproducti...