Study On Bearing Right

Bearing right appeared later than personal right system. The researching history of the bearing right is not long. At the foundation of studying other country's experience and other learner's achievement,the author probes into this question. The whole article is divided into six parts, including the preface and the conclusion totally.Chapter 1: the introduction to the bearing right. In this part, the article first describes the history of bearing right. After compared various definitions, the author give the definition to bearing right. Finally, the ariticle discussed the mature of bearing right.It considers the bearing right as personality right, instead of status right.And the bearing right is one of basic human rights, but the exercising of this right must be subjected to some restrictions.Chapter 2: the subject of the bearing right. Every man and woman is equally with bearing rigts. The subject of bearing right is natural person, not spouse. The article analyses many special people's bearing right,including single woman, the people who is unmarried, the people who married once more and the convict who was sentenced to death, and then comes to the conclusion that they have the right of bearing right, but it's not proper for them to exercing the right.Chapter 3: the content of the bearing right. The content of bearing right is that a natural person decided his reproductive behavior independently according to law. It includes self-determining right of procreating, self-determining right of choosing reproductive mode , procreating right to know, and so on .Chapter 4: The exercising of bearing right. Husband and wife are equal, they must exerce their right equally. If one of them do something without the others'consent, it constitutes tort.The dispute between them should be resoluted by consultation, and then by compensation or divorcing. The article then analyses a few problems of law on artificial bearing, and contends artificial bearing can't be a pattern of people realizing their bearing rights.Chapter 5: The restrictions to bearing right. On the basis of setting forth the necessity and the justification of restriction to bearing right, the article explains the means of restrictions, and emphasizes the importance of Planned Parenthood.Chapter 6: The remedies to bearing right and the perfection of related laws. In the end, the article explains the remedise to the tort of bearing right, and puts forward some suggestions on the perfection of our law on bearing right.