Study On The Reproductive Rights Of Marriage And Family In China

Bearing right is a basic right of citizens, in recent years it is realized on thereproductive rights legislation and reproductive rights have studied and discussed more,especially in recent years, open separate child birth policy may bring the reproductiverights issues become the focus of attention. To strengthen the study on reproductiverights not only has a strong theoretical value, but also has considerable practicalsignificance.Birth is a natural behavior, but also an important social phenomenon, andreproductive rights is one of the basic rights of citizens. Reproductive rights refers to theperson responsible for the freedom to decide the number of children, time and interval ofreproductive rights. Western countries earlier attention to reproductive rights, to whichthey gave a definition of reproductive rights, western scholars have long been carriedout. The reproductive rights as the basic rights of people enjoy in the relevant laws tomake explicit provisions, including the couple are in accordance with the provisions ofthe rights of children, also have reproductive freedom and responsibility according to theprovisions of the implementation of family planning. Our studies on reproductive rightslegislation is being actively carried out.Family planning as a basic human right, is the product of a certain stage of historicaldevelopment. In general, procreation right has experienced three stages, namely, thenon rights nor obligations of natural fertility status, encourage or even force bearing onduty as the main characteristics of the social stages, highlight the right standard colorright growth stage. Reproductive rights is the reproductive rights of people, but there areordinary citizens, both husband and wife, women of different understanding of thespecific meaning. The range of reasonable definition of reproductive rights subjects, isconducive to the protection of citizens’ rights; conducive to safeguarding the citizen thestability of marriage and family; also helps to ensure the national family planning policyimplementation.In the presence of reproductive rights in the reality, the conflict between the twosides in the marriage of reproductive rights is a social phenomenon is relativelyconcentrated reproductive rights protection reaction. Between husband and wife as limitfertility intention ambiguity or objective reasons, a party of reproductive rights encountereach other not reproductive rights, the rights can not be achieved, resulting in theconflict of childbearing right phenomenon exists. The conflict of childbearing right inmarriage, the lack of clear relief measures also stipulate corresponding. Starting fromthe position of the legal regulation of reproductive rights in marital conflict in more andmore reproductive rights should be given more attention, the conflict theory to explore the reproductive rights based reproductive rights between husband and wife commonproperty is the focus of attention of many scholars.Where rights are limited, not unrestricted right. Child bearing right is a basic civilright of freedom, but also to exercise the right of legal restrictions. The legal limit ofreproductive rights issues are the basic issues surrounding reproductive rights,reproductive rights is one of the main issues and research. As a kind of human rights,realization of bearing right is not unlimited, it will be restricted by many kinds of factors.Comparison of centralized legislation reflects China’s restrictions on thereproductive rights is the birth control policy of our country, its essence is to limit thenumber of couples to have children, in accordance with the "population and familyplanning law" regulation, the number of children per couple policy limit, beyond birthlimitation will be forced to terminate pregnancy or pay the social maintenance fee, butthe implementation and management of these measures system is lack of legal basisand social supervision mechanism. At present, the relevant provisions are not clear, thesocial problems have to be studied and resolved in a timely manner. Our country of birthright present specification is not comprehensive, not perfect. Strengthen thereproductive rights legislation in accordance with legal requirements, also can providedirect basis for solving civil disputes related to reproductive behavior. For thereproductive rights legislation should consider from whole, research from many anglesto make scientific assessment.At present, Chinese fertility rate is far below the replacement level of fertility, thefuture population structure aging and shrinking inevitable extreme. Moderate populationpolicy adjustment, the second child, all-round opening up short-term long-termreproductive autonomy will help increase Chinese economic vitality, so that the economycan sustainable development. National Health and Family Planning Commission said ina news release, the timely introduction of perfect family planning policy adjustment, thisformulation has caused public concern.With the development of society, people are increasingly aware of the importance ofthe maintenance of reproductive rights. Related to reproductive rights issues more andmore unmarried mother child birth, reproductive rights issues rights transfer problemsand the loss of family reproductive rights issues has become the hot spot of society.Under the current social conditions, a more comprehensive review and systematicresearch is very important for reproductive rights.