Citizens' Reproductive Rights, From The Case Of The Iud

The bearing is a very ancient topic, and also is the human extremely natural phenomenon. Without humanity's bearing, there will be impossible to be our present and the future, to promote human society's growing continually, which will be continuous not certainly. The bearing right is the bearing system's important content. In recent years, our country has emerged one after another incessantly about the bearing right's civil dispute, therefore the bearing right question became the important research problem that the domestic and foreign method educational world have to pay much attention to. Therefore, the study of the bearing right will not only benefit the guidance of real life in the reproductive activities, and also to enrich and expand the rights of citizens theoretical system.This article is mentioned by a case, proposed the bearing right's question, elaborates the bearing right's production, the development, and the definition, determines its personality right's attribute, and recognizes the violation bearing right's type, including somebody is sent the responsibility who injured someone should undertake, and put forward own proposal to our civil legislation. The full text is divided into five parts, briefly summarized as follows:Part One: the case brief introduction. 20 years ago, because of the Changqing Township Clinic doctor's error in Jang Su Province, which had not plucked away the "Contraceptive Ring", and that caused the couple's trouble , who did not give birth in the 20 years. Finally the couple have obtained their bearing right violation compensation through the legal means. Then the author proposes what the Changqing Township Clinic's abuse of authority violates is the plaintiff couple's healthy right, the bodily right or the bearing right; the bearing right belongs to the personality right or the status right; whether the Medical establishment should undertake the Fuweijin moral damage compensation the three questions. This thus has drawn out as follows.Part Two: a right summary of bearing right. Firstly, the part proposes the bearing's basic concept, and elaborates along with the 19th century West feminist movement's development, and the implication of the bearing right is unceasing expanding along with the time and society's development. Secondly, it sums up the international community and China on the definition of bearing right, but also makes the author's understanding of the bearing right. Finally, it elaborates the bearing right basic element: subject, object and content. The subject of bearing right, is cited the "women's bearing right" , "bearing right of the couple" and "individual bearing right" three points, and the author agree with the last one. On the object of bearing right, identifies as the rights of the human personality interests. On the bearing right, it mainly analyses the right to request analysis of the fertility, bearing decisions, the right to the bearing choice and the right to know about the bearing.Part Three: the nature of bearing right. Mainly on three aspects: First, the bearing right should be on the private right, and not to be as public law right. Second, the bearing right is the personality attributes, rather than the status right. Through the status right to the comparative analysis, that the bearing right is the personality attributes. Third, the bearing rights is an independent personality, from the similarities and differences from the bearing right and the related right ,it can draw a conclusion that the bearing right is an independent personality right, which could be expanded scope of protection of the rights of personality.Part Four: the bearing right abuses and the responsibility undertakes. First of all, from the point of view of tort law, the violation of bearing right includes the elements of the four components, namely, acts illegal, the fact of the damage, the offence and the damage that a causal link between the perpetrators and subjective mistakes. Secondly, on two types of violations of bearing right, one is the third person on the bearing right abuses, and the other one is the internal bearing right marital conflict. Finally, the author focuses on the infringement of a third person in the spirit of civil relief for damages.Part Five: the legal advice of the bearing right. This section is working on the bearing right construction of the legal system. First of all, it points out that the shortage of the bearing right on the civil legislation . Then, it applies to the recent and the long-term two ways: First, it is necessary to introduce relevant judicial interpretation to guide in solving the many bearing right cases the in near future. From the long-term point of view, the author suggests setting up the bearing right in a separate chapter in the Civil Code.In my opinion, we must have a clearer understanding of the bearing right in theory, and then we can protect the bearing right effectively. The purpose of this article is based on the judicial practice to solve the hard problem in the court actual operation, and protect the citizen's bearing right well. Therefore this article obtains from the real case, to explore and research the problem, at last to propose some suggestion and views.