Legal Protection Of Wife 's Choice Of Fertility

As a kind of human rights, reproductive rights has been recognized by most countries legislation, there are also a lot of international texts make rules about the reproductive rights, but there are few words about reproductive rights in the designing of legislation in our country. Because lack o f law, we can only qualities a variety of reproductive rights disputes, which happened in the judicial practice, for the other causes of action within the framework of law. It aims at resolving the dispute to a certain extent, but it can just maintain the parties’ rights only to a certain extent. Not enough, not perfect.The connotation of reproductive rights is extremely rich. Because of the limitation of the article, we study the reproductive rights only to the narrow sense, namely the reproductive opinio ns. And the main body studied in this article is limited between husband and wife, who are establishing a legal marriage relationship. The major contents of this article are studying the fertility option of marital disputes, exploring the legal principle which can apply in the conflicts between husband and wife, exploring solutions to solve the options conflict between couples.There are four parts in this article. In order to clear the connotation of reproductive rights and reproductive choice, the first part is overviews on reproductive rights and reproductive choice. To define the reproductive rights, after referring the definition taken by other scholars, and then giving out my own insights about the definition, content and nature of reproductive choices.The second part studies reproductive choices between husband and wife. First of all, we must make clear the equal status of both sides of husband and wife, so as to the equal reproductive choices. But based on the theory of fault and illegality recognit ion, freedom principle and the principle when considered by rights conflict, wife would have priority in making the decision in whether fertility. And search for a legal basis why need to tilt the protection of wife reproductive choices from the perspective of game theory.The third part of the article is mainly about the methods and the designs of the reproductive choices in other countries and in our country. Exploring the continental law system and Anglo-American law system about the related regulations of reproductive choices, find out how they product the reproductive choices had by its legal couples. Combination the status quo and the present situation of our country’s legislation and judicial practice, and find if there are some places worth using for our reference.The fourth part gives some suggestions on our legislation. Combining theoretical research and present situation in our country and other countries, making suggestions on how to protect the reproductive choices of the couples who form a lega l marriage relationship, and putting forward some operable measures to protect the reproductive choices, in order to make a contribution to establish and perfect the relevant laws and regulations.