Research On The Basic Problems Of Reproductive Right

In recent years, while the construction of legal system is strengthening constantly, the appearance of childbearing disputes become more and more, so the issues of reproductive right have become the focus of study in the legal world at domestic and abroad. In our country, actually, reproductive right is a new-style right in the law theory and the legal practice.This paper systematically analyses the concept and the nature of the reproductive right from the view of civil law, using the historic analysis method and contrast analysis method. The nucleus of the content of the reproductive right is determining give birth to a child or not all by their self. The author concludes that reproductive right has the property of personality right; it is an inherent, exclusive and essential privilege to our human beings. It is a basic human right or "natural right", and it is also a constitutional right and a civil right.As far as the subjects are concerned, they are not only spouses, but also unmarried people, whether men or women. All the others, even contains the country have to respect his (or her) reproductive right .Anyone who violates other's reproductive right will undertake his responsibility.But different kinds of people actually enjoy different content of this right. If a person wants to realize his (or her) reproductive right ,he (or she) must have some certain conditions and exercises his (or her) reproductive right within the area of law permits. This paper researches the conflicts and restrictions of reproductive right enforcement. Furthermore, the author analyzes the violation of reproductive right and the corresponding protections of it. Based on the universality of human right, the author tries to balance the national interests, social public interests and individual interests and studies the reproductive right of single men, criminal suspect of death penalty and homosexuality in a rational and tolerate manner and investigates the rights and the frontier problems such as artificial reproductive. Finally, this article suggests to explicitly formulate the reproductive right concept and on the base of it to form the corresponding protection system to perfect our civil law system. In my opinion, only comprehend these problems clearly, could provide a solid protection towards reproductive right in the lawmaking and the judicial practice.