Study Of Conflicts Of Spouse Birth Right

Parenthood is deserved and natural affairs for individuals, families and human society. Bearing is morally and legally proper beyond doubt, and Birth Right is the due right of each normal human being, which should be recognized by the society. However, enjoyment of the right is not equal to the realization of the right. On the one hand, since the right is realized through the joint effort of men and women; on the other hand, consideration of the benefit of the offspring shall be included in the Realization of Birth Right, as well as the survival and development of the country, society and human beings. In China, the subjects to realize Birth Right are mainly legal couples in accordance with relevant laws, regulations and policies.Like other views and values, the understanding and views on bearing is developing and updating along with economic development, society and civilization progress. Nowadays, many people, especially youngsters, thinking of the meaning of Birth Right not merely relating to the family line and maintenance of human reproduction, but also relating to their own value. Whether and when to have a baby, and the manner to give birth shall be in harmony with their ideal, pursuit, economic status, career development and other conditions. These have impacted and overturned the traditional views on bearing. It has also resulted in some conflicts of right in the bearing choice and its coordination, and has been manifested in more and more civil disputes. As a natural right, it is not enough to recognize Birth Right by society, it should be confirmed by legal norms and supported by state power to facilitate its realization, as well as timely remedy under infringement.This article embarks from the concept, nature and characteristics of Birth Right, divides the prominent conflicts of spouse Birth Right into two categories, i.e. decision right and the right to know, combined with the actual case of the two types of conflicts, analyze, research, and put forwards the principles of resolving the conflicts based on consultation, and supplemented by material and mental damage compensationThis Article is divided into four parts, as follows:Part I is about definition of Birth Right and significance of the study. Beginning with the definition of Birth Right, and followed by the nature, subject, content and significance of the study.Part II is concerning the correlative laws and types of conflicts of Spouse Birth Right in China. This part summarizes the valid legal provisions on Birth Right, and classifies the typical Spouse Birth Right into two categories based on the trial practice: conflicts of decision right and the right to know, and further analyzes and abstracts the essence of the conflicts of Spouse Birth Right.Part III is devoted to address the solutions to Spouse Birth Right. This part introduces the viewpoints of Chinese scholars on solutions to Spouse Birth Right, and practical solutions in trial, and points out the problems in the conflicts of Spouse Birth Right in China, thereby proposes the main principle to the conflicts is consultation, the main solution to the conflicts is to exclude the realization of Birth Right (i.e. divorce), as well as the principle of balance of right and right commensuration as supplementary remedy.Part IV elaborates the legislation suggestions for Spouse Birth Right in China. From the perspective of Legislation, addresses the countermeasures to perfect the solutions to Spouse Birth Right in China.