Couples To Have The Right To Study

With the development of society, the original obligor from a natural right of citizens gradually into a legal rights by law on the protection of the right of fertility to be strengthened. However, in recent years the reproductive rights disputes emerge in endlessly, especially in the case of reproductive rights conflict and dissensions and reproductive rights violations of the litigation and more. But in China, the theoretical research on reproductive rights have bigger difference, the legislation on reproductive rights is relatively backward, especially the couple reproductive rights of civil legislation is almost blank, there is the legal loophole. This led directly to the obligor and the legal protection cannot be effectively in judicial practice, because the reproductive rights conflict and dissensions and reproductive rights infringement litigation is caused by different decisions, the judge embarrassed, both parties refuses to the very detrimental to the settlement of disputes, the protection of the right infringement law, and the presence of justice. With the common people legal knowledge, enhance awareness of right, the right to reproduce and problems for people concern, What is the couple reproductive rights? Its content is what? The couple reproductive rights disputes is what? How to handle the reproductive rights disputes dissensions? How to recognize and deal with the third violations and reproductive rights? How to guarantee the special circumstances and reproductive rights? A series of problems to be solved Couples reproductive rights legislation to protect, not only in relation to every couple of rights, but also to marriage, the family of the harmonious and stable, the state, society, families and individuals are very necessary. As a kind of private right, especially from the private law should be fully guarantee the Angle of democracy and rule of law in China, with the full development, the civil legislation and reproductive rights becomes an agenda. This paper, from three representative and reproductive rights disputes cases and puts forward relevant problems so as to introduce couple reproductive rights problems analytical thinking. First, grasp the basic concept of reproductive rights, couples reproductive rights of the definition, characteristics, legal position and make their own content. Secondly, to nurture reproductive rights disputes are? How to handle the reproductive rights disputes dissensions? How to recognize and deal with the third violations and reproductive rights? How to guarantee the special circumstances and reproductive rights? In the deep analysis to seek treatment of the problem.. Finally, according to the above question his study of the obligor, the civil legislation and proposes some ideas or Suggestions, couples of reproductive rights legal protection and proper exercise has certain significance and help.In the text, the conclusion of six parts:The first part of the problem is proposed. This part of the three typical cases by the obligor raises couples in judicial practice, and the differences and processing difficulties. What is the main is husband and wife reproductive rights? Its content is what? The situation and reproductive rights disputes have? How to handle the reproductive rights disputes dissensions? How to recognize and deal with the third violations and reproductive rights? How to guarantee the special circumstances and reproductive rights?The second part is the content analysis and reproductive rights. The first birth weight of the basic concepts, on the basis of further clarify what is introduced, and reproductive rights and reproductive rights remarkable characteristics and basic content, the legal nature of the positioning accuracy.The third part is the disputes and reproductive rights and processing. On one hand, and analyses some dissensions reproductive rights disputes between different types of situations, and reproductive rights infringement disputes. On the other hand, proposes the solution of different properties and reproductive rights disputes of specific measures.The fourth part is a couple of reproductive rights infringement cognizance and processing. The third is refers to the outside and any unit or individual person, therefore, and reproductive rights infringement of the situation is multifarious. This paper tries to give priority to with medical unit violations. other entities and individuals for the third time to clarify infringed may bear civil liability and criminal liability, the administrative responsibility or for both husband and wife shall bear and mental damage compensation.The fifth part is special circumstances and reproductive rights issues. This kind of husband and wife of reproductive rights issues involved with the infringement disputes, not often lies in the realization of their rights is difficult. We think, since it is the special circumstances, the law should allow the husband and the way and by special form to realize their reproductive rights.The sixth part is the right to reproduce the civil legislation proposals. According to the above analysis, pertinently put forward the civil legislation and reproductive rights, the husband and wife is a suggestion for civil rights as the basic reproductive rights shall be established in the marriage law, in terms of form and clear regulation of fertility problems, 3 it is clear violations of the right to reproduce and legal responsibility, four family is opposed to legalize agreement...