Research On The Issue Of Reproductive Rights In China

The right to bear birth is the most basic right of citizens.The protection of reproductive rights is an important aspect of civil law.The development and improvement of the theory of reproductive rights has an important significance for the formation of the reproductive rights legislative system.It helps the judicial practice to deal with violations of the reproductive rights in accordance with the law,and avoids the situation that cannot be relieved due to the blank of the law.Since the beginning of the new century,the research on the issue of reproductive rights has been deepened and expanded on the basis of the original.The basic principles of jurisprudence and value judgment have not changed,and this kind of thinking has also deepened with the development of international economy and international exchanges.It has had a profound impact on the civil law countries.The first part of the thesis takes the reproductive rights as the research direction,and briefly discusses the status quo of the domestic and foreign research on reproductive rights,the theory and practical significance of the topic.There are still many countries in the world that do not have a clear definition and recognition of reproductive rights in the form of laws,and there are few corresponding laws.Make direct regulations;China's current laws have corresponding provisions on the issue of reproductive rights according to different effects.The second part mainly discusses the legal nature of reproductive rights.The right to birth is a basic human right.The reproductive right is a kind of private right.The reproductive right accords with the essential characteristics of personality rights,that is,it has the characteristics of personality rights that are inseparable,non-transferable,and have no direct property content.The third part discusses the exercise and restriction of the reproductive rights.The reproductive rights are essentially a kind of civil rights.In order to make the subject have the legality and legitimacy when exercising the reproductive rights,the principle of negotiation and the principle of prohibiting the abuse of rights must be adhered to.Adhere to the principle of choice of interests,adhere to the principle of public order and good custom;explain the exercise of husband and wife's reproductive rights;demonstrate the legal basis for restricting reproductive rights:freedom of rights and restrictions,external economic theory,social public interest is better than personal interests The specific manifestations of birth restriction:the type of birth restriction,the limitation of family planning;the adverse consequences of restricting birth:the impact on the economy and the impact on society;the positive meaning and existence of this part after the full release of the second child The issue was discussed as necessary.Finally,it analyzes the problems existing in the current legal provisions of China's reproductive rights,and puts forward corresponding suggestions,including the lack of legislation on reproductive rights:the lack of clear legal provisions on the content of reproductive rights,the lack of constitutional guarantees on reproductive rights.And put forward corresponding suggestions on the principles and specific concepts that must be adhered to in the improvement of reproductive rights legislation,thereby achieving the goal of China's reproductive rights legislation and further protecting the reproductive rights of citizens.