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Theory Of Couples Of Reproductive Rights Conflict And Damage Types And Their Solutions

Posted on:2014-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:G N SunFull Text:PDF
GTID:2246330395494829Subject:Law
Abstract/Summary:PDF Full Text Request
From the natural duty, women’s exclusive rights, the rights of husband and wifeto the rights of natural persons,reproductive rights and human civilization aredevelope together.The rule of law in modern society,reproductive rights is everycitizen enjoys the rights, it has attracted more and more people’s attention.Under theinfluence of China’s legal system and the traditional culture,reproductive rights areusually based on a valid marriage.Reproductive rights are husband and wife asindependent reproductive rights subjects, realization of collaboration in the fertilitydesire consistent condition.The basis of couples of reproductive rights is the reasonthe couple has the right to conflict.When achieve reproductive rights, reproductiverights infringement may occurs.Judicial determination of this case is difficult.Difficultlegal protection and relief of male reproductive rights.The Supreme Court had issuedthe the People’s Republic of China of the Marriage Law interpretation (iii),it isthe basis of couples of reproductive rights disputes.However, in practice there aresome problems to be solved. From the point of view of the theory of law and judicial practice, integratedmulti-party research and theoretical point of view, analysis of the meaning ofreproductive rights, reproductive rights, the content and the nature of reproductiverights.Summarized the conflict of couples reproductive rights and the couple rights,the type of couple reproductive rights infringement.According to judicial practice andlegal content, provides some ideas for the processing of the couples in the judicialpractice of reproductive rights disputes.The thesis is divided into four parts:The first part analyzes the representation of the the theoretical circles on thedefinition of reproductive rights, summed up the meaning of reproductive rights, anddifferent points of view to analyze the nature of reproductive rights.I believe that:Reproductive Rights is a responsible and free from external constraints andconstrained freedom to dispose of their own will and body to exercise the powers offertility or offspring.Reproductive rights is not a constitutional right or right toidentity, but a personality right, the right to an equal, but also a right to freedom.The second and third part, the analysis of the definition and content of couples ofreproductive rights, summarized and distinguish between a husband and wife reproductive rights conflict, the type of couple reproductive rightsinfringement.Described by way of example.According to China’s actual conditionsand judicial practice, the couple has the right to conflict couples of reproductive rightsinfringement solutionThe fourth part is a combination of today’s judicial practice, discusses thesignificance of the relevant laws and solve couple reproductive rightsdisputes.Analysis of the application of the law difficult.Involved to the law applicableto problems encountered in practice and on the the legal implementation detailsreleased about resolving the disputes over the right of couples to have the desire, andproposed some ideas.
Keywords/Search Tags:Couples Reproductive Rights, Reproductive Rights Conflict, ImpairedReproductive rights, Solution
PDF Full Text Request
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