| Reproduction shoulders a special meaning upon human being. Reproduction not only be related to individual, but also has a close contact with the future of a country and the operation of a society. The country and society has generated reproductive institution including law to regulate and control individual reproduction, which in order to accord with collective will. With the legal culture of rights-based today, the construction of reproductive rights has become an important part of reproductive institution.With the pursuit of ultimate value as its standard, Radbruch distinguished legal idea into individualism legal conception and ultra-individualism legal conception, the former regard individual personality as its aim and the later rely on group personality. Reproductive rights presents different fate depends on the country which hold different legal ideas. In our county, we hold the view that a compound of both above.The reproduction itself is unpredictable, plus the sweeping regulation on it, as a result, they hold definitely dissimilar viewpoint between theory and practice. Using positive law as its foundation and the legal idea upon reproductive rights which our country hold as its guide, the article trying to compose the noumenon of reproductive rights and demonstrate its requirement as specific personality rights which base on the relevant theory of personality rights. |
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