Discussion on whether detainees have the right to marry
reported that Shandong couple was sentenced to death for robbery. Before the execution, the couple made a strange request to the Department concerned, requesting approval of the relevant departments they registered their marriage and marriage ceremonies. News, attracted the attention of society, all sectors of the community there, today. So the couple can get married? Whether prisoners can get married?
let us look at the relevant provisions of the law. The marriage law, People's Republic of China citizens, as long as the legal age for marriage, non-kin relationships, entirely voluntary on both sides, no stress by fraud, does not prohibit marriage of diseases, has the right to get married, no organization or individual has no right to infringe upon. This is the real elements of civil marriage. Marriage also provides, in line with the real elements of marriage men and women have to go to the marriage registration office for marriage registration procedures, obtain a marriage certificate, marriage parties formed to be protected by law. This is married to form elements. Married to real elements with form elements and taste, are indispensable.
to our criminal law for offences such as the Penal Code constitutes a crime, the State penalty. China's criminal penalty is varied, such as imprisonment, life imprisonment and death penalty, fines, deprivation of political rights, confiscation of property, and so on. The penalty was sentenced to more than, inter alia due to suspended prison sentences and for legal reasons, was released on medical parole or probation in the case, be detained in places of detention, restriction of its freedom, only activities in places of detention. Is able to work even through labor. This is national on crime of people implemented of a mandatory of criminal punishment measures, is national on prisoners against social of behavior for of necessary of punishment measures, purpose a is to on crime of people for punishment, let crime of human since has of behavior pay due of cost, prevent its continues to damage social, this is penalty of general role; also, on crime of people implemented criminal punishment, purpose is warning social all members and the has crime tendencies of personnel, law-abiding, or, will by penalty punishment, This is the penalty of general preventive effect. Other relevant legal provisions, offenders implemented to separate for men and women. By the above provisions, offenders are detained in separate places of detention in accordance with law, personal freedom is restricted, personally went to the marriage registration office, let alone go to the marriage registration office for marriage registration. Lack of formality of marriage, so that marriage cannot be achieved in the period of detention of offenders, it is impossible. This couple is not an exception.
offenders during the period of detention is not married and does not violate their marriage. Detention imposed on offenders, restriction of its freedom, men and the introduction of separate confinement, this is criminal law and relevant laws and regulations requiring parties to prohibit, there is a clear legal basis, is legal. Legal restriction of its freedom against the perpetrators, and their marriage is not prohibited, but because the term, restrictions of personal freedom is no way go to the marriage registration office to register their marriage and lack of marriage of the event could not be married. If the released prisoners or for other legal reasons was released early, restored the liberty could be free of legal marriage. Of course, in the case of the couple, was sentenced to death for robbery, and the judgment has the force of law, they cannot be recovered to liberty in our lifetime, let alone marriage registration, so their wedding and ceremony requests is difficult to achieve, the relevant Department shall reject the request required to marry and marry.
also have experts and scholars suggested that the couple should be based on humanitarian principles, warmth and law enforcement, that's a precedent, allowed them to get married. I cannot agree to this. Modern society is a society ruled by law, any act shall strictly follow the legal provisions in the activities within the scope prescribed by law. Detention imposed on offenders, is expressly provided by law, death row, because of its serious crimes, should be strictly held in place. No authorized by laws and regulations can be made in person at the marriage registration office a register of offenders, nor are there any legal provisions authorizing the male and female prisoners can be detained, it permitted the death penalty a couple married and held a wedding ceremony does not have any legal basis, should be rejected. Citizens are equal before the law, detention imposed on offenders should be treated equally, if the couple got married, so if the other offenders were required to do? If the other offenders with their families or other requirement to do? Tender law enforcement, humanitarian is not wrong, but should be carried out strictly in accordance with law, authorities can improve the prisoners ' meals, enriching the amateur cultural life and educating cadres and more communication, care which is reflected, inter alia, to humanitarian, warmth and law enforcement, anything beyond the law so-called humanitarian, warmth of law enforcement is not desirable. Recently, the individual places meet the requirements of prisoners, this is a serious offence, also undermined the normal order of supervision of regulators, is not conducive to the transformation of criminals, should be strictly prohibited.
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