Research On The Spouse Reproductive Right

Reproductive behavior is the basis of the existence and development of humansociety, regardless of the legal regulations, the birth right in people’s mind is alwaysregarded as human’s basic right. However, in recent years the reproductive rightsdisputes emerge in endlessly, especially in the case of reproductive rights conflict anddissensions and reproductive rights violations of the litigations and more, for example,spouse refused to fertility, abortion without agreement by the mate and so on. Andmany cases about the birth right accepted in many places of our country (such asSichuan, Nanjing, Beijing) in recent years, the people began to pay attention to thebirth right spread.At present, our country constitution and the birth control law stipulate theprotection of the birth right from the national policy and the administration angle. Butfrom the civil angle, there is not many laws to protect the birth right of the human,especially in the conflict between the husbands and wives when they use their spousebirth right.“Marriage law” that mainly stipulates the husband and wife’s rights andobligations also merely have this kind of stipulation that “husband and wife have theobligation to carry out the family policy”. Into effect on August13,2011, the Marriagelaw of the judicial interpretation of three stipulates both husband and wife how to dealwith reproductive rights issues. But for the man insist childlessness while the woman insist the fertility or the couple signed an agreement how to identify the problem, thejudicial interpretation of three did not make provisions. This led directly to the obligorand the legal protection can’t be effectively in judicial practice, because thereproductive rights conflict and dissensions and reproductive rights infringementlitigation is caused by different decisions, the judge embarrassed, both parties refusesto the very detrimental to the settlement of disputes, and the presence of justice. Viewof this, this hope is the concept of reproductive rights, characteristics, reproductiverights conflict and improve the legislative concept of reproductive rights to do a study,which concluded that in order to better address the legislative and judicial problemsarising from the conflict between husband and wife brought reproductive rights.This article is divided into a total of four parts. The first part is about thedifferences of reproductive rights in the marriage relationship in academic and judicialpractices by a few typical cases. The second part is the interpretation of the concept ofreproductive rights, and the nature, the content and other issues. The third partexamines the type of reproductive rights conflict in the marriage relationship and dealwith problems, on the one hand, summarize and analyze a number of cases ofreproductive rights disputes between husband and wife, on the other hand proposed aspecific way to resolve the dispute. The fourth part is about the improvement of thereproductive rights-related legislative proposals by drawing on foreign legislation.