Study On Conflict Of Fertility Right Between Couples And Its Solution

Fertility is a basic way of human reproduction, and it is the basicmeans of human society’s metabolism,which can be said to be the onlymethod.Human has created a colorful world through labor and fertilityhas created human beings.And there wouldn’t have been any human’sbody or soul without fertility,no to mention to go up in understandingand transforming the world. As with all of life, human fertility is an oldbut never decline subject.Beginning from the early life of human origin, such life began toongoing illness and death, but at that time it was not called fertility butreproduction, fertility are fertile, fertility is used to separate the humanown behavior of reproduction and the education of future generationsfrom the other life’s pure instinct of producing offspring.But in theessence it still needs to "create" offspring, which is biological fertilitycontent. Since ancient times fertility requires both sexes’ cooperation,through which people will form a social relationship.therefore, fertilitywill not only stay in biology, but fertility and sociology has a natural link.It comes very natural for law to research fertility as an important aspectof the Humanities and Social Sciences,and with the economic and socialdevelopment this research will become more and more important.For law is the science of the rights and obligations, law on fertilityis also focused on fertility rights and obligations. In the history of humandevelopment,fertility has experienced a long process of evolution justlike the other objects of law research. In the primitive society or earlier,fertility has more existed as a kind of animal instinct; and in class society,with the development of social economy requiring more laborpopulation, fertility becomes human’s obligation especially women’sobligation,and in the modern,people’s rights consciousness is rising especially such as the rise of the Women’s Liberation Movement andoverpopulation brings pressure, which made the fertility graduallyevolves from the obligation stage to the right stage.By now it has basically become a consensus that fertility is a right.But for what is fertility rights, fertility rights content, subject and naturethere still exist multiple views and debate,which are according to theirown lights. The answers to these questions are directly related to that thecouple fertility right conflict exists or not. The author thinks that thefertility right is the sum of rights that the fertility subjects have infertility matters in accordance with the provisions of law, and thisfertility subjects are the ordinary citizens without the limit of conditions,and the rights is one of personality rights of the civil rights in thenature.No matter in theory or in practice, couple fertility right conflict isan objective social phenomenon, it means that due to the inconsistent ofboth fertility interests, a party cannot achieve his fertility right withoutthe other’s cooperation.As an objective social phenomenon the couple fertility rightconflict is various in the form, there are not only the condition thatbetween the couple one has a fertility willingness but the other one doesnot agree, but also the condition that both the couple have the wishes offertility but the objective conditions do not allow, such as suffering frominfertility disorders or having diseases which are not suitable for fertility.The causes of conflict of the spouse fertility right can be divided intosubjective and objective reasons.To solve the conflict over the fertility right well needs not only todiscuss the form and the reason of this kind of conflict,but also to thinkdeeply about the nature of this type of conflict.The nature of conflict isthe mixture of conflict between personal interests and personal interestsand social interests conflict.Only to seize the essence of the conflict andprescribe a medicine special for the disease,and distinguish and balancethese conflicts of interest can the contradiction be successfully resolved. The couple fertility right conflict dosen’t come out just now,it hasmet this kind of cases before in our country’s judicial practice,and somecases seem not to be couple fertility right conflicts but in the actualhandling process are often related to the fertility content. Also, not onlyChina has such conflicts, but the countries which admit that the fertilityis the right of the citizens are all facing the problem.And the measuresthat our country and foreign countries have taken to handle these casesin the judicial practice and legal provisions can provide useful referenceand thinking for solving this kind of cases. In addition, scholars havedifferent views,which are worth to know, to think, to learn.And in theauthor’s opinion, some of the views are high perspicacities,but others arequestionable or even violate the modern concept of the rule of law.Andauthor believes that because of the complexity of the social situation,couple fertility right conflict varied.it is difficult to solve the conflictover the right effectively only depending on the restriction of legalrules.And it should follow some principles and paths to make conformsthat can accord with the modern concept of the rules of law and protectcitizens’ civil rights,by advocating exercising this kind of right in goodfaith, handling the relationship between positive freedom and negativefreedom well,fully considering the right order of value,dealing withpersonal freedom and social public interest correctly and consideringother factors overall.