Study On Reproductive Right

In recent years, reproductive right becomes a focus of study in the law area in our country. Actually, reproductive right is a new-style right in the law theory and the legal practice in our country. What are the concept and the nature of reproductive right? What are the subject and the content of reproductive right? Are there some limits to its enforcement? Which conducts infringe upon reproductive right and how to redress? How to perfect the rules about reproductive right in civil law? Only comprehend these problems clearly, could provide a solid protection towards reproductive right in the lawmaking and the judicial practice. This thesis has a foothold in Chinese civil law to analyze and study the above-mentioned problems of reproductive right .I wish my thesis could have benefit to the perfection of the system of reproductive right in our country.Chapter One Concept and Nature of Reproductive RightReproductive right has two significations: the broad sense and the narrow sense. The reproductive right in a broad sense is the right that a natural person gives birth to his children. To realize the reproductive right in broad sense, law has to protect two concrete rights, reproductive self-determination right and reproductive health right. Reproductive self-determination right is the right that a natural person gives birth to his children by his own determination. The reproductive health right is the right that a natural person maintains and perfects his reproductive health. The reproductive right in narrow sense is exactly reproductive self-determination right. The reproductive right discussed in the thesis is the narrow sense, namely reproductive self-determination right.The nature of reproductive right is multi-layer, so it is incorrect to emphasize some one layer but neglect other layers unilaterally. The nature of reproductive right has a few layers as follows: one of basic human rights; a kind of civil right; a kind of concrete personal right.