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On The Reproductive Rights

Posted on:2006-11-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y F JiaFull Text:PDF
GTID:2206360155959342Subject:Law
Abstract/Summary:PDF Full Text Request
Bearing right appeared later than other rights in the personal right system, the history of study on it is not long .The theory of the bearing right is in elementary stage. Many problems are still worth studying. The case that a husband bring a suit against his wife in 1998 caused people' s attention. Our learners argued about whether the wife violated his husband bearing right. Later it appeared the discuss about single woman' s bearing right and convict' s bearing right who was sentenced to death. With the increase of the case about bearing right in last few years, more and more learners begin to study bearing right and the research of it is more and more deeply.At the foundation of studying other country' s experience and learner' s achievement , author want to probed into this question. There are about 30,000 words in this article. This article contains five parts:The first part: abstract about bearing right. In this part, author described the history of bearing right and the related laws about bearing right, after that introduced the protecting state of bearing right in other countrys, including our country. After compared various definitions author give the definition to bearing right, pointed the subject, object and content of bearing right explicitly. Then author summarized it' s characteristics: having the dual characteristic of absolute and opposite, is the unify of personal right and common right. Finally, author discussed the mature of bearing right.The second part: reasonable analysis of the appearing of bearing right. First, author described the history of personal right, pointed the regular of a new right: it should be good to protect people' s freedom and personality. Then the author proved the justice of bearing right and analysed thedeeply reason of it' s appearing .Finally, the article expounded the meaning of the bearing right.The third part: special people' s bearing right. In this part, the article expounded many special people' s bearing right, including single woman , the convict who was sentenced to death, the people who is unmarried and the people who married once more. To this problem, author used one principle to resolve : be responsible for the later generation; be responsible for the society.The fourth part: a few problems of law on artificial bearing technique. The technique is a pattern that people realize their rights . It helps many people who have problem in bearing. But it brings some problems while it brings happiness to people. So we should treat these problems seriously. The first problem is the status of the children who are given birth by artificial bearing technique. The second problem is the inheritance right of foetus . The third problem is the conflict of knowing right and privacy right in artificial bearing.The fifth part: the judge about offence to bearing right and relief. In this part, the article explicated the important conditions that composed the offence conduct. Then auther analysed a few problems that are worth concentrating: 1.The relation between bearing right and health right; 2. The falseaspect of the concept---- "continuing later generationright" ; 3. The conflict of bearing rights between the husband and wife; 4. Adultery is the offence against bearing right; 5. The arrange problem between the husband and wife. Finally, author studied the relief in law about bearing right and put forward some suggestions.
Keywords/Search Tags:Reproductive
PDF Full Text Request
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