Research On The Conflict Of Couple’s Reproductive Rights And Its Solution

Because of the differences in the physiological structure between men and women and the biological basis of cooperation for the completion of reproductive behavior,it is easy for couples to conflict reproductive rights.The conflict of marital procreation right is the conflict between two legitimate and legitimate rights,which is caused by the lack of agreement of the marital procreation intention.It is obviously not enough to solve the conflict of the birth right between husband and wife by the strength of the existing law and morality,but also needs more complete legal theory and judicial practice.At the present stage,there is no unified system for the regulation of the right to procreate and its related contents in our country’s law,only mentioned in the constitution,the law on the protection of women’s rights and interests,and the law on family planning,although the judicial interpretation of marriage(III)in 2011 first regulates the individual cases of the conflict of the couple’s right to procreate,this article is an effective solution to the conflict in the face of the complexity and variability of the conflict of the couple’s right to procreate,it’s clearly a one-man army.In judicial practice,most of the judges adjudicate cases concerning the conflict of the couple’s reproductive rights through the provisions of the existing laws and in conjunction with the exercise of their discretion,in the special case of the conflict of the couple’s right to procreate,the principle clause will be used as the basis of the judgment or the legal basis will be rejected.The blank of legislation leads to the helplessness in judicature,which is not conducive to the maintenance of judicial justice and social order.If the Civil Code to be issued includes the relevant content of the right to procreate and the right to procreate of the couple,clarifies the content of the right to procreate of the couple,and perfects the relief way of the conflict of theright to procreate of the couple,it can not only make up for the lack of the provision of the couple’s reproductive right in the civil law system,but also promote the effective solution of the conflict of the couple’s reproductive right.