Conflict And Resolution Of Fertility Right

Fertility is the basis of human continuity, since ancient times, survive has been inseparable from the human fertility. The primitive society was the natural stage of the humanity fertility, there was no distinction between rights and obligations. In the patriarchal society, fertility became an obligation for the purpose of reproduction and property inheritance. With the progress of civilization, science and medicine, in modern society, fertility has been widely recognized by the people as one of the basic human rights.Rights conflict is a proposition in jurisprudence. Some domestic and foreign scholars have thoroughly carried out discussions about the definition, causes, essence, coordination principles and solutions of rights conflict. Whether we apply the theory of rights conflict from jurisprudence that the pure theory's research to the specific right——fertility right, in order to coordinate conflict caused by fertility right, which will have a certain theoretical and practical significance.The dissertation is divided into four parts, each part of primary contents are as follows:The first part is about the elementary theory of the fertility right. In this part, the author illustrates the development on fertility system and the concept, nature of fertility right. The author first introduces the international community and our country's laws about the relevant stipulation of fertility, then author analyzes some viewpoints on concept and nature of fertility right in the academic circle. On the basis of conclusion, author indicates own views.The second part is about the conflict of couple fertility right. On the basis of the first part, more and more couple fertility right conflict issues have been discussed. In this section, by analyzing the causes of conflict right, a conclusion can be drawn that there are right conflicts as a phenomenon objectively. While affirming right conflicts, essence and characteristic of the conflict of couple fertility right are stated.The third part is about the conflict between fertility right and power. In this part, by analyzing two cases, there also are conflict between fertility right and power. It is necessary to fertility right to certain restrictions for the social order and achieving the overall interests of society.In the fourth part, author states the principle and way of the resolution of the fertility right conflict, provides some reference for legislation and judicial practice, gives some advice to improve the relevant legislation on fertility right.