Font Size: a A A

Private Law Practice And Protection Of Reproductive Interests

Posted on:2022-01-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:X Y ZhangFull Text:PDF
GTID:1486306320499914Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Reproductive benefits not only affect the personal life and family stability,but also affect the construction of the country and social order.Therefore,in order to prevent others from improperly interfering with reproductive benefits,legal means should be used to provide protection and relief.Judging from the existing legal system in our country,the private law protection of reproductive benefits is obviously weaker than the public law protection.Not only is the number of regulations less,but the content of the regulations is also more general.In the field of private law,reproductive benefit cases involve a wide range of areas,a large number of occurrences,and more complicated cases.The omission of the private law protection of reproductive benefits not only reduces the efficiency of judicial trials,but also fails to fully protect the impaired reproductive benefits of the subject.Therefore,it is necessary to improve the regulation of reproductive benefits from the level of private law.The direction of improving the private law of reproductive interests should be clarified based on the current situation of judicial practice in China.By analyzing the reproductive benefit cases between individuals,individuals and organizations,and on the basis of referring to international documents and other countries' private law protection methods for reproductive benefits,as well as the concept of private law protection of reproductive benefits in my country,it aims at the people in judicial practice.Judgment issues reflected in the court's hearing of reproductive benefits cases can better clarify the path choice for private law protection of reproductive benefits in my country.To strengthen the private law protection of reproductive interests,it is necessary to affirm the civil law status of reproductive rights by law and refine the connotation of reproductive rights.It is also necessary to integrate judicial interpretations,departmental regulations and other regulations to address the particularities of individual types of reproductive benefits special regulations to make timely and professional adjustments.So as to realize the combination of theory and practice,and promote the settlement of practical problems with the supplement of legal norms.Improving the private law protection norms for reproductive interests will not only help enrich the private law protection system for reproductive interests and realize the harmonization of different norms,but also provide a more adequate basis for judgments in the judicial activities of the people's courts,enhance the effectiveness of judicial judgments,and better guarantee the reproductive interests of the subject of birth.
Keywords/Search Tags:Reproductive benefits, reproductive rights, judicial practice, private law protection
PDF Full Text Request
Related items