Study On The Reproductive Right

I consider that reproductive right is the basic personal right, and it is a limited basic right because the freedom of birth is limited by the responsibility to society, nation and children, although the number, the time and interval are decided freely. The subject of this right should be wife and husband; it doesn't belong to all individuals. I think this right should be the right of personal status, and I don't agree with the idea, which define the right to be a public right or right of personality. It is the creative idea of the dissertation that we should distinguish reproductive right from bearing health right and family continuing right in which 1 have analyzed the difficult cases.Moreover. I point out the mistakes made by the legislation of "population and family planning act" in Ji Lin province, and elaborate that this right of birth without marriage which is not a reproductive right, should be a special family continuing right which comes from the adopting right and the gene inheritance right. Adopting law should regulate it.I disprove the idea that the tort law should not protect the reproductive right, and I demonstrate the legal liability from the angle If the tort to the right and the violation between the spouses.The research has been on the possibility of the legal liability for the tort between the spouses, and it discusses the limitation of the right to refuse procreating. As a result of the research I asserted that divorce should be legally permitted when one of the couple changed the marriage contract and refuse to procreate for a lifetime. Further more, I support some legal advice for dealing with the dispute about reproductive right in judicial practice. To construct the legal reproductive right system, I have demonstrated the necessariesand possibilities of adding a special chapter of right of birth in the part of relatives in our newly making civil code. This chapter will include two parts, the couple's right and the reproductive right. At last, I discuss some problems in the judicial practice and confirm the historical necessary of the marital procreating. The dissertation that based on both theory and practice started from the angle of theory law science and adopted demonstration method and comparatively analyzing method to analyze the concept and nature of the reproductive right . Further more, basic theory of civil law was used to construct the tort and liability system. I wish my research could be used to judicial practice to find out the legal or theories accordance for resolving the difficult cases of reproductive right happened one another.