| "Reproductive behavior" is social activities or relationships that qualified natural person who has some fertility and reproductive condition breeds and produces offspring and bears legal responsibility and the results. It is the reproduction of human procreation and the continuation of race. It has the natural attributes and social attributes,but Social attributes is the most essential."Reproductive behavior" is not only related to citizens’ overall development, but also affects the couple’s feelings, family happiness, prosperity and progress of the nation, and social development of the country.With further exploration of assisted reproductive technology development and the human genome project, great changes in human reproductive behavior have taken place:fertility concept from the simple "breed, raise children to provide against old age" to a higher level of "eugenics, happy life" development,reproductive subject development from "single body" to "multiple groups",reproductive mode from a single "natural growth" to "development in natural fertility mainly, supplemented by assisted reproduction; transforming growth type" from "duty" to "passive rights" initiative, to highlight the reproductive rights and freedom.these bring the huge challenge to China’s fertility behavior legal regulation mode, also provide a historic opportunity for development to the reproductive behaviour of the rule of law.In today’s society,it is a multicultural coexistence. Cultural diversity promotes the formation of a pluralistic society. The tolerant spirit of pluralistic society helps people tolerance "not in line with mainstream" of the reproductive behavior, booster of the reproductive behavior, diversity development, promote the realization of citizens’reproductive rights. But multiple births and a variety of fertility has a great impact to the existing order of marriage and family, marital ethics and the legal system. So the State must take necessary actions to control birth.This gave rise to contradictions and conflicts between "fertility control authority of the State" and "human reproductive freedom rights"."The public right and private right tension" is largest objective reality in the field of human fertility today,which urgently needs to be solved. In today’s pluralistic society era of Right of publicity and law prosperity, blindly to suppress or ignore citizens’ rights and reproductive freedom" demands inevitably lead to serious social problems. Experience of the world tells us:achieving growth in the field of rule of law is the best solution. By the rule of law, limiting state power and f private civil rights,clearing authority boundaries and scope can maximize national interests and civil rights to achieve a win-win.Thus, to ensure the smooth implementation of the reproductive behavior, individual citizens must be responsible for fertility, family force to avoid undue interference, national regulation and social pluralism moderate tolerance by law, in order to create a warm, harmonious, safe and legal reproductive atmosphere that can enhance the quality of the population and build a win-win platform.Science and technology is a double-edged sword. On one hand, artificial insemination, in vitriol-fertilization, surrogate, reproductive cloning and assisted reproductive techniques such as artificial contraception, abortion, abortion, sterilization and other birth control measures can give citizens the full realization of the rights and reproductive freedom as well as cause marriage, family and society brought about a series of ethical and legal issues. Accordingly, the country should develop appropriate national legal system timely to conduct and regulate, and citizen should be a rational choice, careful implementation, being "reproductive rational man. For unlawful infringement of citizens reproductive behavior, in addition to private relief citizens, the state, society should implement the national relief and social assistance to protect reproductive rights and freedoms of citizens legally entitled."There is no relief, no rights." For unlawful infringement of citizens’ reproductive behavior, in addition to citizens’self-help,State and society should give respectively State relief and social assistance to citizens according to the law, protecting the reproductive rights of citizens against unlawful practices.Because of the deficiency of reproductive system, China’s population and family planning law has been in lack of relief and regret. China should develop "reproductive behavior infringement lawsuit" system. Now state policy of family planning has not undergone a fundamental change, legislation must be based on the future trends of fertility in China’s national conditions.while respecting the reproductive rights of citizens, in order to fully protect the citizens’right to health and reproductive to self-determination,China should adhere to the "three-step" strategy, following a road bearing the rule of law with Chinese characteristics.This study is divided into nine parts.Part I:Introduction. Introduce the background, the theoretical basis and practical significance of this research; trace the current domestic and international academics on "reproductive behavior " to regulate the situation; describe the theoretical basis of the subject, research ideas and logical advance; Finally briefly show research methods and summarize theoretical research innovations.Part II:the theoretical basis of the rule of law in contemporary reproductive behavior. It mainly analyzes the theory origin of the rule of reproductive law, Including freedom justice theory of philosophy of law, human rights respect and guarantee theory, public rights and private rights coordination and unification theory, the theory of rational man, which lays out the solid theoretical foundation of fertility studies.Part III:Legal Perspective reproductive behavior. From the legal regulation perspective, Explore respective connotations and relationship of "reproductive " and "reproductive behavior"; follow evolution history of our primitive society traditional society and the modern era of social regulation Fertility, to seek human reproductive behavior regulation objective development law; finally discuss the historic changes in China today fertility facing the national, social, family and civic certain level of "concessions " to achieve the interests of coexistence "compromise " and promote national development, social progress, family harmony and formation of citizens’happy, harmonious development.Part Ⅳ:Implementation of the main reproductive behavior. Today’s Implementation emerge diverse trends. Perpetrators and implementers include traditional marital childbearing couples, still, men and women unmarried childbearing, as well as groups of extramarital birth again, more single women fertility aspirations, homosexuality, mental patients and criminals and their spouses. For the perpetrators above all, he should have what conditions; law and society must define this. Therefore, this section analyzes the meaning and conditions of fertility actors in the legal sense. Focus Analysis on single women, homosexuals, the mentally ill, criminals and their reproductive behavior regulation problems.Part V:Mode reproductive behavior choices. Today’s ways of human reproductive behavior, according to the presence or absence of gender participation in sexual intercourse can be divided into sexual and asexual reproductive fertility. Fertility can be divided into sex unmarried childbearing, fertility and three-wedlock births within marriage; asexual reproductive include: assisted reproductive technology in support of artificial insemination, IVF surrogacy and cloning. In so many ways in fertility, the key point of this study part is how today’s humans choose the ways, how the country guide and regulate, how citizens choose rationally.Part VI:Important legal analysis of reproductive behavior. Based on "whether to nurture a healthy, smart baby" as the standard, today’s human reproductive behavior can be divided into positive and negative behavior. The former gives birth to offspring as the fundamental purpose, to create conditions and strive to pregnancy, childbirth active; the latter avoids pregnancy and childbirth as a precondition, trying to contraception and even abortion or abortion or sterilization, in order to achieve freedom barren. This section, from the perspective of reproductive rights achieved, analyze legal issues related to natural fertility, artificial insemination, in vitriol fertilization, surrogate, contraception, abortion, sterilization, make recommendations to rationalize the regulationPart VII:basic protection of fertility behavior regulation. This part mainly from a theoretical perspective "compromise coupling " of public and private rights, respectively, from the perspective of civil, family, the state and society, the fundamental premises and basic conditions are:citizens responsibly give birth and families avoid undue interference, the state regulates moderately and tolerates social diversity, in order to reinforce the protection of basic regulation implementation.Part VIII:reproductive behavior violations and remedies. This part focuses on the constituent elements and types of fertility behavior violations, recommends judicial relief." no right without relief." there have been the possibility and reality that Reproductive behavior of citizens was violated by e from a spouse, family, community and national authorities, and if not relief, reproductive behavior will not be able to be implemented and their reproductive freedoms and rights can not be guaranteed. Not only does it affect the development of individual citizens and family happiness, in the long run but also it is affecting the country’s development and progress of society. Therefore, we must constrain timely on infringement or violations by adopting private relief and public relief of the country.Part Ⅸ:Conclusions and legislative proposals. Taking these studies, deduced the necessity and importance of civic legal regulation of reproductive behavior. And on this basis, it is recommended to "reproductive health rights" and "reproductive self-determination " as the core, from the perspective of reproductive rights realization, lay out "Population and Reproductive Law" suited to China’s national conditions, implement appeal law against the reproductive behavior to ensure the " win-win " strategy achievement of the country’s population and reproductive freedom of citizens, and provide a strong system of protection for the citizens of priority development and social harmony and progress. |
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