On The Reproductive Rights

In recent years, many legal entanglements concerning the right of procreation emerge, which has attracted increasing attention of the theory and academy community. Thus the right of procreation has been included in the contents being adjusted by marriage law. Procreation right is one of the basic concepts in marriage and family relationships, but it has not yet been clearly defined by laws home and abroad. Therefore, it is urgent that the community of law theory solve such problems as how to define the right of procreation, how to exercise and enforce the right, how to protect it if being violated and how to improve its legislation. Based on the marriage law, this dissertation presents a discussion of the right of procreation form the aspects of sociology, ethnics and marital customs. Comprehensive analysis and explorations are conducted on its history, present situation, nature and contents. The right of procreation is redefined as the right of an individual to decide on his free will whether to procreate or not. This definition can be classified as the procreation right at the time of natural procreation-the choice of procreation or not, and that in the event of artificial procreation, and its implication is extended beyond the limit of whether to procreate, but to the right of choice as how to procreate. Also presented are the challenges brought by artificial procreation and the advice for legislation.