Talk About The Reproductive Rights Of Our Citizens And Restrictions

The Procreative Right stemmed from Western countries. With a series of international documents and the judicial practices of common law, the contents of the Procreative Right has constantly enriched and improved. The increase of legislation and disputes about the Procreative Right promotes Chinese law experts to analysis and explore the issue of the Reproductive Right.The Procreative Right has both the nature of the basic human right and civil right, and the latter is the embodiment of the former. Like other rights, the Procreative Right is not an absolutely freedom right, there are a series of restrictions on the exercise of it. The state can limit the Procreative Right of citizens based on the coordination of rights and obligations, the national conditions, the public interest and so on. But, such restrictions must follow the Legal Reservation Doctrine, the Intelligible Principle of Delegation and the Principle of Proportionality.This article is mentioned by the Yang Zhizhu case, it’s one of the hot social events in2010. The article analyses and discusses the restrictions of the Procreative Right. Firstly, the relevant laws and regulations are listed systematically:Secondly, it analyses the nature, the collection of the Social Compensation Fee, and points out the problems; And finally, with the foreign experience, some suggestions on the improvement of restrictions of the Procreative Right in China are put forward.