Abercrombie outlet,_ criminals on marriage rights

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Offenders on marriage rights

Criminals (in this case specifically refers to a sentence of imprisonment criminals) of marriage rights is a criminal in a very special interest in the rights, which was once a right has long been gathering dust, it was once a penalty theorists argue about the rights of its long-term availability of . Although the May 19, 2004 Ministry of Civil Affairs, criminals are entitled to marriage rights body - criminals can get married, but the Ministry of Civil Affairs issued the practical problems to be solved. How to treat criminals the right to marry one of the previous regulations? How to interpret contemporary social conditions of the offender the right to marriage and the Real? How to fully respect and effective protection of the right marriage of criminals? These issues need to be solved. In view of this, I do not surmise cut humble, try to make Dynasty. An offender the right of marriage in human history, the penalty search history, before modern times, the pursuit of retributive justice as punishment, the state through the execution of equity, such as retaliatory against the loss of the victim, the offender is just revenge for the penalty object, there is no minimum as people's dignity and rights, not to mention the right of marriage. Modern dynasty, under the auspices of the Howard and others, originated in the UK Prison Reform, the offenders are given the most basic humane treatment; and the rise of modern education punishment, to promote the expansion of the scope of rights for criminals, the need for the rehabilitation of offenders, many offenders back to prison to the right to return the criminals as much as possible, which makes the criminals have the right to marry may be achieved. With respect and protect the rights of offenders has become the basic concept of national penalty, the penalty for a variety of new humanitarian initiatives have been introduced and at the event, the right to marry to be implemented around a number of positive initiatives such as the offender leave of absence to go home to visit relatives, and the conditional spouse cohabitation system, so that the substance of marriage rights to be reflected in the execution activities. By human civilization and the impact of the penalty, the penalty in China since the new China, even in very complex class liberation struggle, the state's legitimate rights and interests of the offender, the disposition is also still very cautious. In the treatment of Japanese war criminals and the transformation of the Kuomintang war criminals, but also very loving criminals rights, highlighting the humanitarian penalty content. At a time when not involved in the protection of the rights of criminals the right to marry, but can also be sure that when laws and regulations and does not expressly deprive criminals of marriage rights. A sound legal system in China later period of development, criminals still have the right to marriage is not expressly deprived of the laws and regulations. In China in 1950, 1994 From 1954 to 1982 and 1984, four of the Constitution, The principles state that the offender from the right to marry without the reference to In summary, the offender has a legal right to marry in the , Of course, since the founding of the traditional feudal accumulation of long-term legal culture, on the extreme left from Western culture, attitude, China has a very long period of time in a legal void's, under the law expressly denied the right to legal philosophy is not identity, coupled with deprivation or restriction of liberty of offenders legal constraints, many people tend to think that the right to marriage is not entitled to the principal offender. Some are not harmonious with the Constitution and the Basic Law and the low effectiveness of the judicial interpretation and departmental regulations more, it is the marriage of offenders were negative provisions. 1963, Supreme People's Court, Ministry of Public Security situation, so their love and marriage in order to allow appropriate ... .... 1982, Ministry of Public Security promulgated the But somewhat paradoxically, in 1963 Supreme Court, Ministry of Public Security Their love and marriage problems can be allowed to review by the marriage registration office. . However, some offenders can fall in love and married. Objectively speaking, the provisions of this document in 1963 on the criminals of love and marriage differ, and not enough science. Why does the court imposed probation will be able to love and marriage, which the majority of criminals outside prison is also in prison serving a sentence after the probation period. Should also be acknowledged that the contents of the file during the execution of the penalty on people's understanding and practice do not have much effect, people do not have to take care of its contradictions, is that criminals do not adhere to the ideology of marriage rights. 1994 years Interpretation of this Act shall criminals the right to marry, the right to be treated as criminals than as the right of the main subject should be more appropriate. Some scholars have clearly stated, transformation is the purpose for the mobilization of the enthusiasm of the rehabilitation of offenders, the prison in many places continue to make breakthroughs in the dispute, through the establishment of Good criminals married. (Ibid.) The Practice of the transformation achieved good results. friendly face,[link widoczny dla zalogowanych], so I also visibly moved. more than one, has always been in prison for good behavior, left the prison without further harm to society, the prison conditions can associate their relatives from prison. Content varied from prison to visit relatives, the marriage must be married families visiting relatives in the course content of criminals. Married offenders allowed to transform the performance of good from the prison to visit relatives, it means that allowed them to exercise their right to marry. This alone can show that: criminals do not view the right to marry some one-sided. Psychology that: the idea of individual acts of marriage stability, individual responsibility, individual identity and personality of a great role in promoting improvement. In the case of a conditional,[link widoczny dla zalogowanych], so that offenders experience the transformation of legal marriage, good performance can help stimulate efforts to reform criminals. Norwegian Ministry of Children and Family in 1993 in support of the laws of the country, wrote: self-esteem. It is necessary to point out that in recent years in China prison for offenders to explore the issue of marriage rights, not marriage rights of criminals, recovery of exploration, but from the criminal case of Administration and the positive aspects of the event at the attempt. Approach is sensible prison, prison criminals do not need to restore the right to marry, the right to marry in the criminal matter, we need only agree that the right of the main offenders. Our law does not deprive any citizen can not be denied marriage rights talent. 1963 and 1982 the relevant provisions of love and marriage restrictions on offenders, but the behavior of the offender the right to marry were limited capacity, and legal capacity remains. The error may lie in our marriage, we have the right to confuse the subject and the subject of marriage, marriage is the main emphasis on the right, even if the capacity he does not, does not prevent him from becoming the subject of rights; and marriage the main focus on capacity, though its former ability to set the right conditions for that, but it is more emphasis on the behavior of the individual to achieve a specific marriage rights. When we restrict or deprive the freedom of criminals, criminals act of exercising the right of marriage significantly reduced, if not actively help the prison, the offender is the right of marriage can not be achieved,[link widoczny dla zalogowanych], it can not be the subject of marriage. This is like the property rights of offenders, the law provides the legal property rights of criminals are protected by law (including inheritance), if the offender in regard to inheritance, property rights have been violated, the offender can use their own action to claim his property rights, in the first depending on whether prison or deprived of personal freedom from the constraints given to the protection of property rights in the conditions of assistance. May 13, 2004, Ministry of Civil Affairs issued the authority issued by the relevant documents. Can be summed up on criminals has always been controversy over the right of marriage, in fact, the right to marry is not the presence or absence of legal capacity, but the criminals have capacity to exercise the right of marriage problems. I believe that criminals and ordinary citizens alike have a natural marriage from legal capacity, but the offender's capacity to achieve marriage rights must rely on various types of punishment department. II criminals the right to marry contemporary society Rational Analysis 1, the right of marriage by the criminals the right to marry is a citizen restricted by law, to achieve aspirations of marriage or the possibility of access to marriage benefits. Freedom of marriage is a citizen within the scope permitted by law, the rights of marriage or divorce. The right to marry is a very strong personal property rights, freedom of marriage is closely related to it. Because criminals do not personal freedom, freedom of marriage will be difficult. Despite the enjoyment of the right to marry, criminals and ordinary citizens alike have the right subject, but the exercise of the right of marriage criminals and ordinary citizens than there are differences on certain conditions. Personal freedom for ordinary citizens unrestricted exercise of the right of marriage is marriage primarily a private matter between the parties; in addition to other statutory conditions, do not attach any other conditions. The exercise of the right to marry the offender is not so simple. First, marriage registration of criminals is not only a matter between the parties to the marriage, with a non-independent. Prison must be in accordance with their duties, the exercise should have the power. Such as to ensure safety, prevent escape,[link widoczny dla zalogowanych], and other dangerous criminals marriage registration must be registered with the prison police take into custody. Van and handcuffs and marriage is not harmonious, but the criminals can not refuse. Second, the offender fulfill all the statutory registration of marriage, obtain legal recognition of marriage, you can not do as ordinary citizens, marriage ceremony, in the form of open access in a secular marriage recognized. The only legitimate marriage is difficult to co-produce custom. Law marriage can give criminals the right to registration of marriage only to complete the registration process, offenders still under supervision return to prison reform. Marital status of ordinary citizens have improved sound and personality, but in terms of awareness of the offender rather than substance. Third, the criminals from the prison of the non-autonomy. Marriage registration of offenders in prison can not be completed only in office for the civil sector. Offenders out of prison must be registered to perform marriages, and criminals out of prison conditions is strictly limited. Offenders can participate in marriage registration, whether the offender as a precondition of social risk. Not only in determining the offender under the conditions of social risk, in order for offenders to participate in the marriage registration. In addition, the offender has served time for marriage registration should be limited, the newly recruited criminals should not be allowed to monitor the registration of marriage, should be at least 6 months in prison before they can agree to its implementation marriage registration. Fourth, the ordinary citizen does not need to marry the unit or other relevant organizations to apply, regardless of whether the unit or the organization agrees that citizens can get registered. The offender's marriage registration, marriage application process must perform only in the review by the prison to make special arrangements by the prison, the offender can participate in marriage registration. Fifth, the ordinary citizens to do their own marriage, divorce is their own business; and the offender is not just their own business marriage, divorce is not just my own. Wanted criminals in particular, unilateral divorce, there is no freedom of movement, the offender is difficult to put forward their own ideas to the court; again participating in litigation activities is difficult to get time protection. Can be said that the marriage conditional criminals, criminals are not completely free of divorce.