| The civil dispute that in recent years, our country weighs up about bearing child is continuing without end , the place frequently appears in many in connection with law case, the husband thinks that whose bears child being infringed upon tentatively but charges for asking for a reparation if wife agrees to have an abortion without the husband,; College students appeals to the court because of bearing child being dismissed by school; Apply that the wife that the death penalty offends is brought forward to the people's court, be requested that the artificial insemination is that the convict sentenced to death husband becomes pregnant, be rejected ultimately by the court; And so on,Have initiated one new wheel from this bearing child in connection with husband and wife weighing up thirtieth second section regulation whether bearing child equally, weighing up main body range or not how stable September 27 , 2002 of discussing that , adding of boundary passes: "Reach legal marriageable age deciding the woman no longer get married childless together , the medical science being able to adopt lawfulness is assisted bearing child technology means bear child a son or daughter ".This is auxiliary explicitly stipulate that bachelorette adopt medical science throughout the country with local law and regulation form bear child technology means bear child legislation of the son or daughter example. The general public discussion in connection with these case is very fierce. Times being taken seriously gradually by people in a such right, bear child weighing up one fundamental right making conduct being composed more frequently cover people for the topic of conversation talking about , be same as as if this appears among one right life juat now from people. The cognition sum weighing up to bearing child is understood , can be termed as being contention of a hundred schools of thought in academic circles and practice, Accounts differ and opinions vary.Get seventeenth regulation coming into force by September 1 , 2002 on December 29 , 2001: "The right that the citizen has to bear child , the duty also having promoting family planning according to law, both sides shoulders husband and wife in promoting family planning having common responsibility ". Be the right stipulating that the form with law has made civil bearing clear first's turn. This one law appearing personally makes a few people think erroneously it is that the first time is clear and definite having brought forward male person also have bear child right,Stipulate that in fact in the 49th second section "constitution": "Husband and wife both sides has the duty promoting family planning". Although this one clause have emphasized husband and wife's birth control duty only , principle of reciprocity , the person weigh up according to right duty being already containing men and women both sides implicitly enjoying bear child. Get the 47th regulation coming into force on October 1 , 1992: "The woman has bearing child according to the country in connection with regulation right of the son or daughter, also liberty having infertility".This one clause is to originate from the right protecting the weak power main body woman still more but work out, take a look on that because of the angle from physiology, the woman bears from being pregnant to producing the process middle , woman till nurturing all gigantic pressure and responsibility. When the author thinks that bearing pawning husband and wife both sides weighs up because of exercising occurrence conflict, bearing should give priority to protecting a female weighs up.Bear child from the ancient times so far, in history long river developing in human being, doing the important way being that human being multiplies for descendant , continues a race always accompany whose retinue. Right comes into being from bearing child development of it has experienced 3-big stage so far: Bear child naturally stage, bear child duty stage, bear child the right stage composes in reply right Somebody advocates that three stages say , does not have fourth stages bearing child right restricts a stage begging to differ to some of authors.Depend on big current world population explosions times , restrict to birth control, population be that the lot of country lightens the important mission developing burden. Bear child that right is restricted is to be unavoidable.From below-average leaves of 20 centuries,bear child being accepted by international community tentatively gradually. In English USA legal precedent, the way with court decision has affirmed a judge never with the angle bearing child whose connotation also is in uninterrupted growth tentatively , at the same time. "The declaration announces Teheran" that world human rights convention held by United Nations in Teheran passes in 1968: "Parents enjoys the number deciding a son or daughter freely conscientiously and their birth gap basic human rights "; In 1974 the world population convention right by will bear child held by United Nations in Bucharest defines By :"All husband and wife and individual enjoys the quantity and gap deciding whose son or daughter's freely conscientiously as well as for this purpose purpose but fundamental right gaining information , education and method". Besides, General Assembly opens the regulation that the 16th the 1st mansion (e) item signing can't have similar on March 1 , 1980;The population passing and convening in 1994 an international with developing convention has done United Nations international population in 1984 with developing the convention right by the fact that "international population will bear child with developing convention action guiding principle ", as basic human rights expound. "That tells this USA gold in 1942 Oklahoma " case quilt in the afterwards look upon as confirmation bear child the right milestone.About bearing child, the right regulation has two aspect in fact abroad: One, bear child the right content has contained responsibilities and obligations. It's two , the main body weighing up about bearing child, people who is that any has a fertility neither although not being confined to husband and wife who has established marriage relation.For the exercise of reproductive rights, reproductive rights from the author to exercise the characteristics of the restrictions on the exercise, the exercise of reproductive rights and the realization of the type of conduct described. I believe that the exercise of reproductive rights for the four main characteristics, the universality of the subject, content development, The restrictive nature of the exercise and the exercise of ethics. The restrictions on the exercise of reproductive rights is the main natural conditions, restrictions on the right to life and health, reproductive rights and the restrictions on social welfare restrictions. Exercise their reproductive rights, including the type of marital births out-of-wedlock births and the exercise of the right to exercise the right. With the progress of society and civilization, reproductive rights in the traditional way of the natural increase of births based on artificial birth, Modern marriage and the family and its influence is growing. Since the first test-tube babies are born in the world in USA in 1978, the link , family pattern the modern medical treatment technology means has been broken up bearing child with the sexual behaviour incline to a diversification in course of.The woman France is stipulated to woman and person away from home having fertility forbids using an artificial insemination; But United Kingdom is comparatively loose and comfortable , allows the person away from home woman to be put into use. Think that we change to the all kinds of asexual manpower when reproducing a technology (include an artificial insemination , replace pregnancy , the cloned baby) , bear child free problem has become especially complicated , these reform a technology being able to make the single , gay , extramarital love person and acyesis person may form a family equally,The tradition ethics simultaneous accepting challenge also is seeking a such problem unceasingly: If bearing having one kind of affirmation weighs up? Reproduce a technology being broken by advance of science and technology unceasingly, a little manpower the reproduction technology is forbidden the step-by-step trend to open to the outside world if the artificial insemination is also secondary, judging from this, human being's reproduction way meets trend He Fang? The author thinks deeply that to some extent to here.Encroach on husband and wife at present bearing child coming from two aspect tentatively: That (1) is external besides tort, points to husband and wife third people or society puts disturbance into practice , is harmful to , infringes upon to bear child the right behavior. Tort, points to the encroachment coming from the spouse room in the inside of (2) , refuses to bear child , has an abortion presumptuously including forcing aborticide to bear child , forcing.Legally right relieves way being accompanying small advantages's surely , make right manage to appeal to public explore protection strenuously when accepting encroachment, not only this public force realization depending on ensuring that being more important is to depend on making the responsibility people undertake responsibility in entity law coming tort clause regulation coming procedure law. "General Principles of the Civil Law " and "marriage law" to these delicts, measure having stipulated the aggrieved party relief: First , request that getting divorced. Secondly, when getting divorced request that compensation for damages. Author suggestion is infringed upon with regard to bearing child right's relieve if measure can not be the precondition requesting that compensation for damages in order to getting divorced. Bring bad effect, to bad effect child because of some family do not want to get divorced because of the breakdown of a family , husband and wife, that the court outside mediates under the situation of maintaining a family, probably is that one is good relieve way.Right exercises the law problem and theoretical puzzle there existing in middle institute because bearing child , the law character , main body range , content characteristic the main body of a book is weighed up trying to bear child by analysis, improve and perfect exercising law problem and the difficult position coming across there existing in middle , suggesting that bearing child weighing up legislation way and approach:Bear child weighing up the main body expanding; Right content culvert cover face is broader; Scan husband and wife again bearing child weighing up the equal problem; Tradition bear child way responds to with science and technology progress but changes.; The couple bears child weighing up a dispute's resolving mechanism putting forward a proposal.The regulation weighing up "in order to morals , reaching the height of that with law , bearing child and one key factor applying being that the marriage family is stable or not of leading". |
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