Study On Reproductive Rights

Since the 20th century, with the women's liberation movement, the concept of "reproductive rights" has been gradually accepted by the international community and its content is constantly evolving. The study of reproductive rights was adopted aboard earlier than our country. Currently, a controversy over the main body, scope, nature and other basic problem of reproductive rights is still heated in academic world. the theory and practice is combined to discourse the concept, nature, content, restrictions,violations and legal relief of the reproductive rights in a theoretical point of view of law, with empirical, comparative analysis and other methods. a proposal of improving the civil legislation of reproductive rights in China is put forward at the last part. In author's standpoint, effective protection of reproductive rights in legislative and judicial practices needs a clear understanding of it theoretically.This article is made of five parts, the first part is about the concept and nature of reproductive rights, in which defines the concept of reproductive rights. The different views of "the nature of reproductive rights" are listed and analyzed and an opinion that reproductive rights are the nature of "moral rights" is also demonstrated in detail in this part.The second part is about the main body and content of reproductive rights which discusses in a detailed way. different theories of the main body of reproductive rights is described and views that "subject of reproductive rights should be all natural" and that full reproductive rights should include the rights of reproductive informed and reproductive deciding is formed. The third part is about reproductive rights restrictions, in which points that what should be restricted in the practice of reproductive rights and that the specific restrictions of reproductive rights in our citizens'real-life.The fourth part is about the reproductive rights infringement and relief,in which reproductive rights infringement is divided into several main types and three remedies of legal protection for reproductive rights in China is proposed; the fifth part is about improvement of the legislative system of reproductive rights,and improving the reproductive rights of China through defining and modifying the "Marriage Law" in judicial interpretation.The main idea of this paper is that reproductive rights is the rights of everyone, is a personality right. The subject should be the individual citizen. But the enjoyment of rights is different from the actual practice. in our present social,cultural and historical conditions, reproductive rights can not be achieved by everybody.We must uphold the system of marital fertility, and the maximum legal protection of the couple's reproductive rights. Reproductive technology should only used within marriage, and protection in any form is prohibited by law.