On The Civil Law Protection Of Reproductive Rights

Fertility is the fundamental guarantee for the continuous development of human civilization.Under the background of the times when China’s fertility policy has been adjusted many times,from restricting fertility to encouraging fertility,the right attribute of fertility has become more prominent.In China’s current legal norms,there are few provisions on reproductive rights.The lack of normative provisions such as the conditions and elements of responsibilities for the birth right cannot provide a direct legal basis for judicial practice.Because of the variety and complexity of reproductive rights disputes,and with the development of social economy and science and technology in recent years,new reproductive rights claims and dispute types will continue to emerge.At present,in the judicial practice of dealing with reproductive rights disputes in China,there are problems such as the application of the type of litigation is wrong,and the decision is refused with the help of relevant judicial interpretation.The root of this dilemma of judicial protection lies in the failure to correctly position and unify the understanding of reproductive rights.In order to fully strengthen the subject’s awareness of rights,there must be clear legal provisions or effective interpretations to provide clear guidelines for the parties to exercise their rights and effective remedies when their rights are violated.Therefore,studying the civil law protection of reproductive rights and clarifying its legal nature,content and types are the foundation and premise to promote the subject to exercise and safeguard his rights responsibly.Reproductive right refers to the natural person’s freedom to choose whether or not to have children,to choose the partners,the number and the time interval within the scope prescribed by law.The reproductive rights has the attribute of personality right,and the specific identity relationship is not the necessary prerequisite for the birth of the reproductive right.The object of reproductive rights is consistent with the connotation of personality right,which belongs to the category of personality right.Reproductive rights infringement refers to the conflict between reproductive rights and between reproductive rights and other rights due to the difference of interest demand.The essence of infringing on reproductive rights is to hinder the reproductive freedom and activities of the subject of reproductive rights,and damage their reproductive interests.In social life,the behavior of hindering fertility is complex and diverse,but not any behavior with this kind of obstruction belongs to the violation of reproductive rights.As a form of infringement,reproductive rights infringement should have four conditions.The infringement of reproductive rights not only has the commonness of general civil infringement,but also has its own characteristics.According to whether the infringement comes from within the spouse,the infringement of reproductive rights can be divided into infringement between spouses and infringement between non spouses.The purpose of reproductive rights relief is to realize the independent reproductive right of the right subject or make certain compensation for the damage caused by improper behavior.The way of civil relief against reproductive rights is the way of civil liability against reproductive rights.There are mainly two types of civil relief:property based civil relief and non property based civil relief,of which property based civil relief is the main relief method.The infringement of reproductive rights between spouses is very different from other infringements.Except for the special subject,it can only be the person with spouse relationship,and the party who realizes the reproductive rights is the subject of infringement.Women should be given priority protection based on the interests of the value of the rights of both parties,and have a greater advantage.If infringement occurs,it can be resolved by reaching a new fertility agreement,dissolving the marriage relationship,and compensating for mental damage.