Study On The Conflicts Between The Spouse Birth Right

With the development of society, reproductive right of citizen has turned to a legal rightfrom a natural right, moreover, the legal protection of reproductive right become increasinglystrong. However, as the dispute of reproductive between the couple, there are more and moredivorce proceedings in the juridical practice. Most of these proceedings stem from differentopinions of reproductive right between couple, for instance, one side does not approve thebehavior of another side, and consider this behavior has violated the reproductive right ofthemselves, in order to protect their reproductive right, they tend to submit a lawsuit to thecourt. All these cases reflect the conflicts of reproductive right between the couple. In China,there are some different opinions about reproductive right in terms of theoretical research andthe relative legislation remains in the backward position. Meanwhile, the content of couplereproductive right is almost blank in terms of civil so that a legal loophole exists in this area.This loophole always leads to an insufficient legal protection of couple reproductive right, asa result of this, the court will give a totally different judgment in similar cases and thissituation frequently happens in the juridical practice. Also, the research of reproductive rightand couple reproductive right starts relatively late in China, the viewpoints of scholars aredivergent, that means we did not have an integrated theoretical system in juridical practice.Consequently, the research of couple reproductive right conflicts is very confused; in somecircumstances this phenomenon is adverse for disputes resolution, rights protection andjudicial fairness. In the “judicial interpretation3”, the regulation is providing a solution aboutthe reproductive right conflicts between couples, however, the reproductive right conflicts arevery complicated in the judicial practice. Because of this situation, I would like to researchthis topic more deeply in this report, and all the analysis and research of couple reproductiveright conflicts will be based on the research of reproductive right. The legal protects of couplereproductive rights, does not only affect the lawful right of every couple, it is helpful to thestability of household as well, furthermore, it is indispensable for the nation, society,households and individuals.Legislation should provide sufficient protection to reproductive right from theperspective of judicial practice. With the democratic and legal development, In this report, Iwill analyze two typical cases of couple reproductive right conflicts; concentrate on theequality of husband and wife; find relative problem and deeply think about it. First of all, Iwill briefly explain my own opinion about the concepts, features, contents and juridical statusof couple reproductive right, all these opinions will base on the basic concept of reproductiveright. Secondly, I will analyze the specific issue in couple reproductive right conflicts such as different situation, how to deal with the conflicts and how to solve the conflicts, these analysiswill help me deeply research the current legislation and development trend of couple equality.Finally, I will raise some suggestions about the legislation of couple equality. There are fiveparts in this report:Part1: presenting the main problem. I will research and solve in this report through twotypical cases about couple reproductive right conflicts.Part2: discussing the basic theory about couple reproductive right. For instance, what isa reproductive right, what is couple reproductive right, what contents are included in couplereproductive right and the legal status of this right.Part3: verifying and disposing couple reproductive right. In this part, I try to focus ondiscussing how to verify the couple reproductive right conflict, the current status of couplereproductive right legislation in China. In the meantime, this part will identify the mainproblem in current legal system, and take some exotic legislation systems as examples.Part4: analyzing and querying about the couple reproductive right in “marriage lawinterpretation3”, and analyzing the rationality of “marriage law interpretation3”.Part5: perfecting the couple reproductive rights system. I will analyze the weakness anddevelopment trend of couple equality legislation, and summarize the experience in exoticsystem, then present measures to perfect couple reproductive rights system in China.