On The Reproductive Rights

As one of the fundamental human rights internationally acknowledged and an important private right in the civil law, the childbearing right has been fruitfully studied in recent years, newever, these researches generally concentrate on some minor questions such as the subject and attribute of the childbearing right, so its whole framework hasn't been built up, which restricts its further discussion. Since reproduction technologies have been developed rapidly nowadays, we should have a further research on how to recognize the childbearing right and perform it. On this basis, the paper emphatically researches the childbearing right as a whole, attempting to offer a complete framework of it.With the systematic and deepgoing research, the paper analyzes the childbearing right from the aspects of the common right and civil right. When studying childbearing right in the sense of a common right, the author puts forward his own understanding of its fundamental meaning, and analyzes its restriction, especially the government's restriction. When studying childbearing right as a civil right, the author distinguishes the right of national administration from individual childbearing right from the aspect of public right and private right for the first time. Moreover, the paper probes into the attribute of the childbearing right, designs its system of the factors in the civil law relation, points out two principles and methods of recognizing the individual childbearing right under the condition of unnatural reproduction, and further discusses the problems of the right's performance brought by the development of future technology. Meanwhile, three methods of remedies in the childbearing right have been analyzed, especially the role of mediation. In the final, the author points out that though our country has statutory laws, the childbearing right, as one of the fundamental human rights, should be paid more attention to. We should improve and perfect its laws and regulations in order to protect the supreme childbearing right.