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Theory Of Reproductive Rights Of Civil Legal Protection

Posted on:2014-07-05Degree:MasterType:Thesis
Country:ChinaCandidate:X LiuFull Text:PDF
GTID:2256330422957475Subject:Law
Abstract/Summary:PDF Full Text Request
In modern society,fertility problems has become a legal issue,as the personalityrights,reproductive rights shall be protected by the law.Values diversity and diversified development of modern society, allows tomarriage and family as the main way of reproductive rights which is impacted byvarious forms of non-traditional increasingly serious. And birth is implemented thetendency of diversification. Reproductive rights realization of special subject arebecoming more and more attention,reproductive rights infringement types presentdifferent characteristics. At the same time,the infringement reasons of reproductiverights have showed the different characteristics. So how to coordinate the interestsConflict of all parties and to properly resolve reproductive rights disputes which putforward higher requirements for reproductive rights legislation in our country. Howeverthe development of the legal system always has a certain lag in the practice,our countryexisting legislation lack of systemic and normative about the regulation of reproductiverights. Which leads to reproductive rights conflict as an inevitable objective status in thelegal practice,making some reproductive rights dispute is unable to properly and timelysolve. According to facts, we should attach to the legislation of the timeliness andsearch for the essence of reproductive rights in legislation text. Which is promoted thematurity and progress of reproductive rights system by the perfection of legal system,which is also the purpose of the system combing reproductive rights system in thispaper。Based on the historical evolution of reproductive rights as the starting point, theacademic circles about the definition and characters of reproductive rights, subject,power of the theory are introduced, analysis and argument reproductive rights as a civilrights enjoyed by the individual, is a kind of personality right. Reproductive rights havethe decision, birth time and the right family fertility option, right to know as the maincontent. And on this basis analyzes the necessity of reproductive rights restrictions, todiscuss the content of reproductive rights restrictions. The improvement of thelegislation guides the judicial practice further. On the basis of combing the basic reproductive rights system of this article. The real features combined with the socialpractice of reproductive rights, to the constitute of infringing, the type of infringementand relief to study about reproductive rights, especially analysis systematic of theparticularity of the spouse reproductive rights, which provides a theoretical basis for theperfection of reproductive rights legislation. Combing of the problem is to countermeasures solution,reproductive rights as a civil right,improve the reproductive rights inthe field of civil law rules become the emphasis and difficulty of reproductive rightslegislation. The article will be the improvement of the reproductive rights of civil lawprotection as the foothold, and analysis the necessity for protection of civil legislation ofreproductive rights and the flaws of the existing legislation. Puts forward theimprovement measures of general rules in civil law, tort liability law and other relevantlaws targeted improvement measures, in order to providing legal guidance for a varietyof reproductive rights conflict resolution in the judicial practice.
Keywords/Search Tags:reproductive rights, Reproductive infringement, Improvement oflegislation
PDF Full Text Request
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