Theory Thought About Procreation Right

The concept of birth as referred in sociology is such a human deed or universalsocial phenomenon,as the sociality of human birth deed radically distinguishes itselffrom other animal's proliferation behavior. Therefore,from a philosophyperspective,the extension of human freedom is a consequent trend and this freedomwill finally be transferred into a legal right and this birth right will historically bedeveloped from its obligation stage to its right stage. The birth liberty,as a legalconcept,is a human cognition of its birth deed and this cognition will ceaselesslyrealize its universal improvement. In this article,an inspection on the birth libertyprotection is expended under the guide of this core-thinking so described as birthliberty scope extension.The first part mainly discusses the intension and property of birth right with asignificant emphasis on its property dispute. The author deems that birth right existingin reality can constitute three kinds of right i.e human right,right entitled byconstitution and legal right. Birth right as one kind of human rights,serves a valuedeclaration function while its constitutional property provides legitimacy justice for itslegal protection. As a legal right,birth right was mainly deemed as a identity right oftradition and its core function is to secure the stability of the relationship within afamily which is a cell of the society and reveal the value of nature birth.The second part mainly discusses the key component of birth right which include3 parts including the subject of birth right,the content of birth right and the legalrelationship of birth right. The author emphasize to distinguish the general subject ofbirth right from the special subject of birth right and distinguish positive subject frompassive subject in pursuant to the general subject theory. As for the content of birthright,the author deems it contains three parts of right function that is birth liberty (can be detailed into birth self-determination and birth self-realization),birthequity and birth protection.The third part mainly discusses birth right of six special subjects including singlefemale group,single male group,homosexual group,mental handicap group,thecondemned group as well as the re-married couples.The fourth part mainly discusses the legal protection of birth right under the new-developed birth pattern. The author focuses his discussion on the legal protection ofbirth right under such different birth patterns as hetero-generous medium artificialinseminations,surrogate births and clone generation. Traditionally,a couple usuallyadopt natural birth pattern in its reproduction process. However,many artificial birthpatterns are developed thanks to the medical technology progress of the modernsociety.As a consequent of the social concept removal and medical technologyprogress,the traditional birth right protection system design which is secured by itsidentity right system can no longer meet the current social requirement. The birth rightprotection should be addressed from an individual perspective. In this respect,thetrend of transformation of the property of birth right from identity right to individualright reflects the extension of birth right subjects and the reality social need triggeredby new-developed bearing technology and has a positive theoretical significance.