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服刑人员家庭同居制度有利于维系服刑人员的家庭关系、减少狱内性犯罪和减少再犯,但亦可能导致狱内关系不平衡、滋生腐败、管理失控。比较利弊,我国应建立服刑人员家庭同居制度。该制度应当只适用于被判处有期徒刑和无期徒刑的犯罪分子;且必须认真遵守监规,积极接受教育改造,确有悔改表现,而且对来访的家庭成员确实无现实的人身危险性;另外,被申请来访的家庭成员必须为配偶或直系亲属。为此,应建立健全服刑人员家庭同居制度的适用程序。
Family cohabitation of prisoners is conducive to maintaining the family relations of prisoners, reducing sexual crimes in prisons and reducing recidivism, but may also lead to imbalances in prison relations, breeding corruption and uncontrolled management. Comparing the advantages and disadvantages, our country should establish a family cohabitation system for inmates. The system should only be applied to criminals who are sentenced to fixed-term imprisonment and life imprisonment. And they must abide strictly by the supervision rules and regulations, actively accept the education and reform, have the performance of repentance, and have no real personal danger to the visiting family members. In addition, Family members who apply for a visit must be spouses or immediate family members. To this end, we should establish and improve the procedures for family cohabitation of prisoners.