Study Of The Basic Questions Of Reproductive Rights

The birth right exercises must follow the certain principle, both must fully respect individual birth right, and must consider limiting conditionand so on social public welfare, meanwhile should suitably tounder take a bigger risk and the nurture duty female inclines. Exercises in the birth right in the concrete rules and regulations, should the special details concrete analysis, to not have spouse's birth and the artificial birth and so on the new question cannot totally deny.The first part is gives birth the power the production and its the significance. After the birth system has experienced the nature birth stage, the birth duty stage and the birth right stage three stages development changes, birth right this concept finally late 19thcentury follows the west feminist movement in to emerge arises at the historic moment. The birth right reflected the society to the human nature respect, is beneficial to this right reasonable standard to the human overall benefit long term development, performs to it to study to enhances the citizen to give birth the right consciousness and better protection this right all has the vital significance.The second part gives the birth right elementary theory research. This article thought the birth right the concept should define is: Personally the independent decision birth or does not give birth the children as well as the choice birth way right in the legal permission scope. The birth right is a basic civil right, its nature is the status power, but it is one kind is different with the spouse right special status right, does not rely on the husbands and wives status existence, so long as is achieved legal child-bearing age the citizen then obtains the birth status, enjoys the birth right. The birth right content including the birth requested the power, the birth decision-making right and the birth way option, namely the citizen has the request to carry on the birth, to decide whether gives birth and the free choice birth way right, it has which the main body the universality, exercises, the content development characteristic and soon ethics. Regardless of the sex, national and the religious belief, each achieved legal child-bearing age the people all should enjoy the birth right, simultaneously, the birth activity also must receive ethicsmorals and the social condition restriction, does not control, the irresponsible birth behavior can bring the evil consequence to the humanity, performs to it to limit and the respect human nature ideacertainly does not disobey, we will believe along with society' change, the birth right content also along with it development consummation.The third part is gives birth the right to exercise and the rules and regulations. The birth right exercises receives the source to the natural condition, the correlation right and the social public welfareand so on many factors limits, its goal is for the better maintenance subject of object and humanity's basic interest, therefore the birth right exercises must follow the certain principle, both must fully respect individual birth right, and must consider limiting condition and so on social public welfare, meanwhile should suitably tounder take a bigger risk and the nurture duty female inclines. Exercises in the birth right in the concrete rules and regulations,should the special details concrete analysis, to not have spouse's birth and the artificial birth and so on the new question cannot totally deny.The fourth part is gives birth right the protection. The violation birth right constitution important document has between illegal for the behavior, the existence of harm fact, the illegal activity and the harm has the causal relation and the behavior person on is subjective has the mistake, its type divides into abuse of authority two kinds between the third person of abuse of authority and spouse's, for merrefers to outside the husbands and wives individual or the unit infrigement right person gives birth right the behavior, the victim may adopt way and so on administrative proceedings, civilaction performs to provide relief, latter then between the passable husbands and wives rehas reached way and so on birth agreement, divorce performs to provide relief. Finally, this article suggested in the people statute book explicitly stipulated the birth power concept, in the perfect our country law system gives birth the power the correlation stipulation, forms the corresponding protection system, by realizes this right well.