Study Of Reproductive Rights Issues

The author argues that, right to reproduce, as one kind of personality rights, shall be a most primary private right of a citizen, the essence of which is freedom. Each individual with mature reproduce capability has his right to reproduce, which offers the individual freedom to decide issues of whether reproduce or not, the timing and frequency control, and the method of reproducing pursuant to legal provisions. However, the aforementioned freedom is usually constrained subject to public interests. Performance of the right to reproduce shall rely on the fulfillment of factors of vast scope, where any tort of right to reproduce, including invasions between couples, shall be subject to respective civil liabilities. Given the lag of reproduction right legislation behind the social reality, research and observation over jurisprudence and legislation are necessary.Based on the basic subject referred to, theories regarding the reproduction right are innovated in this dissertation:First, through an introduction of the development of reproduction right in a historiography perspective, it is pointed out that reproduction right already becomes an factor of human rights with common recognition in all human beings;Second, in the perspective of jurisprudence, the author argues that right of reproduce is with a combined nature of private right, personality right and liberty right, which is helpful in promotion of the research on reproduction right;Third, in the observation over subjects of reproduction right, several issues are covered, including classification of different cases of artificial insemination and the related legal issues, reasons for prohibition to sub fertility with the consideration of the reality of the state, as well as arguing that reproduction right shall also be granted to criminal suspects and defendants;Fourth, regarding the connotation of reproduction right, the author carefully summarizes the prevailing viewpoints over the freedom of reproduction and non-reproduction, and innovatively introduces several human rights derived from reproduction right, such as notification right and privacy right;...