On the reproductive rights of death row and ways

Abstract: The reproductive rights is a natural right and the right kind of personality. Condemned as a special group, the reproductive rights issue is the current hot debate judiciary. This paper analyzes the nature of reproductive rights, and argues that men and women to death should have the right to commit their ways to realize growth.

Keywords: death row, reproductive rights, Realization.

May 29, 2001, Zhoushan City, Zhejiang Province Luo Feng employees of a company because of trivial disputes with the company after leading them to kill .8 7 May, Zhejiang Province, Zhoushan City Intermediate People's Court sentenced the first instance of intentional homicide Luo Feng the death penalty. Then Luo Feng, Zhejiang Province Higher People's Court to appeal. In Luo Feng appeal, his wife has to Zhoushan City Intermediate People's Court of Zhejiang Province High People's Court request, the request method of Artificial insemination with her husband for the death Luo Feng have children. Luo Feng social environment at the time his wife was social and pArt of the legal profession and even called it ridiculous, the request can not be realized, ultimately rejected by two courts.

January 2002, Zhejiang Higher People's Court ruling upheld the decision made by the Supreme People's Court, January 18, 2002 morning, Luo Feng been executed. Thus, Luo Feng wife wanted her husband to death desire fertility ultimately failed to achieve. Although the case over the past decade, but is still hotly debated.

First, the case thermal conferences and debate.

Say for sure. The view is that since the Civil rights of citizens in Civil Law can still apply to death row, then, including reproductive rights, including moral rights should apply to death row. Deny said. The view that the rights of those facing personal freedom under Law restrictions associated with this right should be limited naturally (unless otherwise provided by Law, including the right of the so-called cohabitation, there is no cohabitation rights, reproductive rights can not be achieved naturally. Some say for sure. The view is that death row with incomplete with some restrictive reproductive rights or reproductive rights [1] 23.

The case has become China's current legal system and judicial practice, a blind spot, but also countries in the world legal system and judicial practice, a problem, I also through access to a wide range of information not found a judicial success stories. However, as society development and further enhance the level of human Civilization, as a special group of death row are reproductive rights? especially the reproductive rights of those facing the spouse should be protected? reproductive rights of those facing the spouse should be protected by what means? These issues should be Jixujinxing in-depth discussion and in due time to put into practice, which is the symbol of human Civilization, but also respect for human rights aspect, it is our future, build a people-centered harmonious society, but also of the judicial system and gradually improve and to mature a significant sign.

Second, the concept of reproductive rights.

Reproductive rights refer to the individual or the marriage during the existence of both husband and wife are in accordance with the Law birth or not have children's rights. Reproductive rights are human rights in legal circles has reached a consensus, but what are the personal rights of the personality right or right to an identity is disputed large [2] 61. I believe that reproductive rights are the right personality right rather than as the main reasons are as follows:
First of all, the essence of the right is the freedom and the rights of reproductive rights as also the right to belong to a free, it is reflected in the growth of freedom and non-reproductive freedom, this freedom is independent from the individual's personality - - that is entirely determined by the individual will. China <<Women's Rights Protection Law "> Article 47 provides that" women have children in accordance with relevant provisions of the rights, there are no reproductive freedom. "in the marital relationship, one pArty can not force the other a Fangsheng Yu is on both men and women in the reproductive embodiment of personal independence.

Second, the reproductive rights is a fundamental right of action on that. In pArticular the evolution of social and cultural growth for both men and women have made more initiative, rather than only be exercised within the marriage. British history, the famous school of law Des Moines Legal historians have said "all the progressive social movement to here so far, is a 'from status to contract' in the sport." inevitable result of social progress in human rights as moral rights to the transfer of large numbers, birth rights is no exception.

In summary, reproductive rights should belong to moral rights. It is "as a man should have rights", it names the right of portrait and so are the main character's personality based on its independent rights.

Three death row inmates should have reproductive rights.

China's current law does not prohibit death row and his wife's reproductive rights, Moreover, China has promulgated and implemented in 2001 <<People's Republic of Population and Family Planning Law "> Article 17 stipulates:" Citizens have the right to birth. "So, death row In a period of reproductive rights of citizenship. I also believe that reproductive rights should be condemned.

First, in Civil law, the moral rights into the general personal right and �����˸�Ȩ. Specifically enumerated in the civil law such as out of life, liberty, health, etc., are �����˸�Ȩ, but not explicitly cited the need to protect personality right is called the general personality right. in China <<Civil Code ">, the specific examples of the moral rights do not include reproductive rights, and reproductive rights are the rights of their own was a must. Therefore, reproductive rights should be belongs to the general personal right. as a fundamental civil right, as long as the law does not explicitly limit or prohibit reproductive rights, they should consider the rights of citizens. death row after being sentenced to death, deprived of the right to life or liberty is such a specific personality rights, while other general personality right (in addition to the provisions of the law expressly does not take away. Therefore, the death row before being executed shall enjoy equal civil rights of ordinary citizens, including reproductive rights.

Second, with the development of modern society and the rule of law, independent personality the progress of civilization, the traditional ethics are also constantly improving. The rights of each person can not be inconsistent with its traditional ethics and should be denied. Allow the "father of twins "is the embodiment of his father should have respect for the rights of citizens, and" kill his father "is Criminal behavior is a negative evaluation of his father, is a sake of discussion. However, I think this is the availability of reproductive rights has no direct contact. If From the perspective of children or spouse, the death penalty should not exist. because the number of death row before being sentenced to already have a spouse and children, so the future children of the main character's growth lies in the comprehensive development of human civilization and social welfare system and related System.

Again, equality is not on the other. Jure and de facto equality there is a certain distance, gender equality is relative and not absolute. We all know, the physical structure of the different role of men and women in childbirth and burdens in an entirely different . So men and women in reproductive activities required have the same rights, or rights of other places, is neither possible nor necessary. In addition, the current legal system, allowing the men sentenced to death by artificial insemination to achieve their reproductive rights , although not expressly authorized by law, but it does not violate the law. Links http://www.hi138.com Research Papers Download to allow women to death row if artificial insemination is also achieved by birth right, can not apply the death penalty will result for him, the phenomenon appears to circumvent the law [3] 74. This is the relevant provisions of the Criminal Code is inconsistent. Therefore, the law about gender equality is consistent with the premise that in the current law on this a problem not clearly defined circumstances, allow men and women are not allowed death row death row achieved through artificial insemination, reproductive rights, is not contrary to the premise of the law does not violate the principle of gender equality. Moreover, they are not absolutely Condemned to allow women to achieve their reproductive rights. With modern technology, the premise of not violating the law, women sentenced to death although it can not be achieved through artificial insemination of their reproductive rights, but they can donate their eggs and nurture test-tube baby approach, to borrow the other woman's uterus, help it achieve its desire for the mother.

Fourth, the way to achieve reproductive rights of those facing.

Although our law does not deprive the relevant provisions of those facing reproductive rights, but they do not have the right to reproductive capacity. Since death row was unconvicted, were detained in detention centers, according to detention regulations, a high degree of personal control unconvicted . by the 24-hour guard, reception and access have also been strictly limited, which makes their reproductive capacity is limited. Under the existing provisions of relevant laws, the death row of natural persons can not enjoy the same as adult reproductive capacity, realization of the right of those facing fertility by assisted reproductive technology to be realized.

(A male reproductive rights of those facing the realization of way.

At present, there is no ban men condemned artificial insemination with husband semen technology to make his wife pregnant legal norms, so follow the implementation of human assisted reproductive technology should follow the principles and norms related to the premise, for the men sentenced to death, his wife can husband semen through the application of artificial insemination techniques to achieve their reproductive rights. the implementation of the prior application of artificial insemination technology must adhere to the principles. At the same time, given the right to apply only to men sentenced to death and his wife (for a single death row, only by the application their own proposed to prohibit the exercise of other third party right to apply for a voluntary basis in order to avoid damage to the party [4] 91, and that the use of technology shall not be infringed the legal rights of women. In addition, the implementation of the technology to carry out her husband in an approved semen artificial insemination of medical institutions.

(B female reproductive rights of those facing the realization of way.

And the men were sentenced to death according to deprivation of liberty as the female death row, but not the way pregnancy can achieve their reproductive rights. Otherwise, the female death row is based on China <<Penal Code>> Section 49 provides that "the trial of pregnancy Women do not apply the death penalty "to circumvent the law. Then, in the existing law, women condemned to donate their eggs can only be through the cultivation of in vitro fertilization methods, to borrow the other woman's uterus to help it in achieving reproductive rights. While the existing legal norms from agent view of pregnancy, too, does not prohibit the provision of, but this will produce a lot Surrogacy ethics and social morality. This is why death row, compared with men, women condemned to achieve growth the right of way is difficult.

Constitution gives citizens the right of the people, including reproductive rights, but also as it should be condemned, including reproductive rights. Death row before being deprived of life, or was executed, he still is a complete sense of the Chinese citizens, Although deprived of political rights and liberties, but his other civil rights, such as personality, dignity, and reproductive rights can not therefore be violated. We have reason to believe, as people-oriented ideas put forward and in-depth, rule of law, modernization and human rights the concept of depth, the reproductive rights of those facing this legal loophole will be a good solution.

After all, civilization and the rule of law requires us to respect the dignity of any person on death row are human beings, his personality and dignity of the same can not be ignored.

References:
[1] Yin Tian. On the General Personal Rights [J]. NORTHWEST UNIVERSITY, 2002, (04:23.

[2] Kou Xuejun. On the issue of reproductive rights of those facing the [J]. LAW, 2003, (five sixty-one.

[3] Zhu Jianzhong. On the reproductive rights of Criminals [J]. Shanxi College of Social Sciences, 2002, (eleven seventy-four.

[4] Sun Kefeng. And then on "death row" with or without reproductive rights [J]. Yibin University, 2003, (five ninety-one Links http://www.hi138.com Research Papers Download