Identification And Protection Of The Law On The Subject Of Reproductive Rights

Reproductive right which is the content of marriage law is the right of natural person who to reproduce. It is one basic right owned by the couple in the legal nexus of marriage and family. To be accompanied by an increasing number of reproductive right disputes, the theory of reproductive rights subjects is more and more complicated, and the investigation of right as principal is never restricted to the category of marriage law. Who owned the qualification of reproductive right subject and how to protect and how to regulate every kind of reproductive right subjects evolve as the hot topic of the theme. But the research of reproductive right in our country is almost blank. For this reason, this text contains academic connection. The practice of review of the right, the legislative structure of reproductive right subject, mainly using comparative analysis and research analysis, in hopes that I can still find a new age of the research of reproductive right subject.Whether reproductive subject can be the reproductive right subject or not, and how widely and which kind of human can be included in the reproductive right subject, regarding this problem, we must construct the relationship between reproductive right theory and reproductive right subject from the angel of the nature of right of birth. Therefore, the premise of discussing the category of the reproductive right subject is the definition of the nature of right of birth. Be based on traditional understanding and all kinds of disputes in practice, endows a fresh reading on the nature of right of birth, that means a perfect harmony of constitutional right, civil right and right of personality with identification characteristics.The reproductive right subject includes not only the couples, but also special subjects who are unmarried. In our country, we did not protect and accept the special subjects who are unmarried at this stage, how to solve this kind of problem in practice is one of the issues we are most concerned on. It is giving no cause for much criticism to give necessary right restriction to reproductive rights subjects, and at the same time it is the important basis to harmonize the contradiction of law lagging behind and real life at this stage of China, because the basis stage policy of family planning and traditional reproductive concept are still existing at china society.The legislative structure of reproductive right subject is the missing part of our country′legislation at the present stage whether be from the angel of theoretical confirmation or be from the angel of tort relief met in reality. To the reproductive right which has human right attribution and civil right attribution, normative protection of reproductive rights of Public Law & Private Law is not excessive. Therefore, our country shall perfect , , , etc. The goal is to construct the protection mechanism of reproductive right, at the same time, taking the legislation of reproductive right subject into Chapter Relatives of Civil Code is the trend of times.The problems about the reproductive rights subjects are no result. Quite a few learning concepts and the new problems that spring up reflect the necessity and emergency of legislation for reproductive rights subjects, which not only to solve this special subject, but also strengthen Chinese legal system. Protecting reproductive rights subjects by laws not only need to comply with era trend, follow international main aspect, but also pay attention to national conditions, make up suitable legal procedure to make everybody trust the good laws.