A Study On The Conflict Resolution Mechanism Of Marital Repayment Right In China

With the rapid development of our country economy, the social various aspects, also included the legal consciousness of our citizens. In recent years, judicial practice cases related to fertility or litigation in our country’s is increasing, these cases the plaintiff defendant is accounted for most of the relationship, mostly in case her husband because his wife did not inform to encroach their reproductive rights, abortion v. wife husband for his wife after marriage don’t agree with fertility and wife of the defendant infringes upon their reproductive rights, one party by another party outside marriage birth Sue divorce before marriage or after marriage, husband wife birth or abortion agreement and several categories such as tort claims caused by conflict or dispute, no matter how the case in civil use legal weapons to protect their legitimate rights and interests of process, our country law in fertility, the existing law cannot give justice to provide specific laws and regulations on the basis of, causes our country judicial personnel in the trial of the case of reproductive rights in no specific clockwork in embarrassment, only according to the constitution of our country existing laws such as the protection of women’s rights in the general law for trial.Lead to China’s judicial practice throughout the trial results of fertility is differ, also did not form a complete solution. Around growing fertility and litigation case, the instructions on the fertility problems become more and more Chinese citizens to improve the consciousness at the same time, also explains the form effective and reasonable to judicial mechanism in our country give priority to the importance and necessity of family conflict resolution mechanism.Birth in this paper, several typical case introduction, case analysis introduced reproductive rights, define the citizen birth related disputes in maintaining their own reproductive rights in essence. From the right Angle analysis of the reproductive rights of citizens, defines the definition and characters of reproductive rights, and thus analysis our country reproductive rights conflicts between a couple of types, causes and nature; From the perspective of rights to analyze the present situation of our reproductive rights conflict resolution mechanism of husband and wife, the existence question; On reproductive rights issues draw lessons from foreign experience, put forward some Suggestions of perfecting our country’s couple reproductive rights conflict resolution mechanism.