A Research On Reproductive Rights In Law

The phenomenon of bearing had a long history as well as human beings. Theimportance of it is self-evident to individuals or society. However, the variousreproductive rights disputes manifest the feeble on morality and other mechanism.With increasing reproductive rights disputes have recourse to court, it shows thenecessity and urgency to the law of reproductive rights disputes.This thesis proceeds the cases from the theory of reproductive rights system anddiscusses the related law about reproductive rights involve major matter of legal,morality, ethics and society, the author uses the experience of other disciplines andputs the theory into practice. At the same time, historical research and comparativestudy are applied to study the characteristics and content of reproductive rights, thusthe author comes up with the solution.Firstly, this thesis introduces the concept and characteristics of China’sreproductive rights. To analyze the different theories and views, the author comes tothe own understanding of reproductive rights. The author defines reproductive rightsas natural person could dominate his fertility, enjoy the bearing freedom. And then thelegal character is discussed, which focuses on the legal character of reproductiverights. Reproductive rights belong to the category of rights, and a kind right ofpersonality.Secondly, this thesis introduces the content of reproductive rights, whichincludes self-determination of reproduction, the dominance of fertility and the right tobe informed, and puts forwards the concept of reproductive rights. Then, the authorelaborates the reason why bearing claim right cannot be a content of reproductiverights.Thirdly, this thesis introduces the realization condition of reproductive rights.Based on the previous theoretical research, the author generalizes the fertilityconditions under the policy of Family Planning, and discusses the advantages anddisadvantages of this policy. At last, this thesis introduces the violation of reproductive rights and the relatedremedy system. The author holds the idea that the essence of reproductive rightsviolation is to impair the implement of reproduction, which is a special civil tortbehavior. At the same time, the reproductive rights violation is analyzed, and thecorresponding relief measures are raised, which plays a positive role in reality.