Font Size: a A A

Study On Reproductive Rights

Posted on:2014-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XuFull Text:PDF
GTID:2296330467487513Subject:Law
Abstract/Summary:PDF Full Text Request
Since human beings appear in the world, the bearing has existed. Whether from the perspective of a family or the whole society, the bearing is full of glory. Throughout the great river of human development, the bearing has experienced from the natural stage to the obligation stage, and then to the right stage, from the right we should have to the one defined in regulations, from the right only some people enjoys to the one everyone has. All this shows the development of the law and human civilization.Author considers reproductive rights as the research topic. Through the various research methods, such as concept analysis, case analysis and comparative analysis, the article explains the conception, character, content and the subject of reproductive rights. Besides that the thesis also shows that reproductive disputes can be easily seen in our daily life, and then compares the differences of legal practices in various countries. On the basis of above, article highly summarizes the principles and methods to solve the reproductive disputes in China, in order to contribute to the study of reproductive rights.This article mainly includes three parts, which are preface, text and conclusion. And the text mainly consists of the following four parts:The first part, the historical evolution of reproductive rights. This part introduces three features of reproductive rights and demonstrates the background of the development of reproductive rights, laying a theoretical foundation for the whole thesis.The second part, the basic theories of reproductive rights. This part mainly defines the conception, character, content and the subject of reproductive rights. Meanwhile scholars and researchers share the different views on these issues. Author considers the reproductive rights, which consists of reproductive freedom, reproductive equality and reproductive security, as a personality right. As for the subject of reproductive rights, it experiences the development history from women to the couple, and then to the all citizens, which breaks through the limitation of men have no reproductive rights, and protects those who do not have the marriage, for example, non-marital cohabitation, not the legal age for marriage etc..The third part, reproductive rights disputes. This part of the article introduces the conflict and infringement of reproductive rights in the way of case analysis. The conflict of reproductive rights is that more than two reproductive rights can not coexist. However the essence of reproductive infringement is the unfair behavior does the damage to reproductive rights. Conflict solving practices in Anglo-American law system and continental law system is the key point of the thesis.The fourth part, the principle and ways of remedy of reproductive rights disputes. On the issue of the prevention and resolution of reproductive rights disputes, we should carry out the principle of prior agreement, to take more care of female, priority principle of mediation and regulations. Before a dispute happens, we should make an agreement to clear the rights and obligations of the parties. When a dispute occurs, we should give priority to peaceful mediation, and take more care of the female. Besides that we can choose civil, administrative, criminal and other legal remedies, so as to safeguard our own lawful right and interests.
Keywords/Search Tags:Reproductive rights, Personality rights, Conflict, Infringement
PDF Full Text Request
Related items