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Birth And Rights

Posted on:2014-10-08Degree:MasterType:Thesis
Country:ChinaCandidate:M DuFull Text:PDF
GTID:2297330425479171Subject:Legal theory
Abstract/Summary:PDF Full Text Request
It’s very important about birth which is concerned with human race all around the world,no matter what country has support policy or restrict policy. In China, the policy is familyplanning based on the national condition. However, it is attracted the nation attention by theshocking case of the forced abortion that happened in the AnKang of ShanXi province. Thescholars argued whether the birth is people rights or duty in society. In my opinion, the birthhas the rights feature, but is limited respectively. It is the key aspect to resolve the conflictbetween family planning and actual situation if we could protect birth rights appropriately.This thesis researches the conflict above, proves that the birth has the basic rights feature andproposes a way to resolve the problem with the respect of birth and rights.In the beginning of the thesis, it introduces the forced abortion in AnKang, and throwsthe research motive. Through the expounding of the importance of the birth for human race, itindicates that to resolve the problem is significant for the nation.In the first part of the thesis, it researches the family planning policy and the reason ofthe actual conflicts in China. It is caused a serial of contradiction and problem by familyplanning and one child family which affect the sense of security and happiness as well as thesocial harmony if not to be resolved.In the second part of the thesis, it is inevitable that the birth as the human rights, what isconcluded by analysis of the transition of the birth history from the natural status without anyrights or obligation feature to the social status with rights or obligation feature. Besides, theauthor finds out that the birth is treated as basic rights directly or indirectly in many countries’law. So the author holds the idea that the birth is equipped with the feature of rights andobligation.In the third part of the thesis, the birth rights are not allowed to be abused. It is restrictedfor two reasons. First of all, the birth rights should have social responsibility. Secondly, thebirth is related with population quality, nature resource and continuous development. Aboveall, the birth rights are not freewheels.The last part of the thesis, it considers the balance between the family planning andactual situation based on all three parts discussion in China. This part demonstrates the social collide caused by family planning, states the value of social collide settle and proposes themethod of the collide relief in the national conditions.
Keywords/Search Tags:Birth, Birth Rights, Birth duty, Basic Human Rights, Birth Restrict, Birth Conflict, Law Control
PDF Full Text Request
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