The Couple’s Reproductive Rights Conflict Under Assisted Reproductive Technology

Fertility(reproductive) is an old topic, In recent years, with the women enter the workplace and increasing of the mobility staff,marriage and family relationship is not as it used to be stable.Reproductive rights dispute between husband and wife,such as unauthorized abortion,refused to reproductive appear frequently,cases regard to reproductive rights disputes are also increasing.Before the "Marriage judicial interpretation(3)" promulgated,legal level recognized the existence of reproductive rights simply,when deciding a case court can’t find basis,only use general personality and spouse rights as the creation of Judgment,the different regions’ judgments are co-contracting.the promulgate of the judicial interpretation,just provisioned abortion does not constitute an infringement simply and brutally,can not be a good precedent.For reproductive rights the academic circles is also debate,from the constitutional right to civil right,from the personality right to the identity right,can not get an agreement.Those differences related to subject of rights and the exercise of the rights.On the other hand, advances in medical technology appears reproductive technology both for the benefit of infertile couples, but will complicate the above problems. Based on the analysis on the basis of traditional fertility combined with new problems that may arise, puts forward some ideas to solve.Except the Preface and Epilogue, the essay is divided into five parts to dissertation:The first part analyzes the historical course of development of reproductive rights, reproductive rights through the natural fertility phase, the final phase before the development of fertility obligation to stage reproductive rights; and through domestic and international laws and regulations and case file to preliminary elaborated reproductive rights.The second part of the legal aspects of reproductive rights was studied by analyzing the documents in China and abroad, gives suitable definition of reproductive rights;studying the personality rights and identity right comparably,recognized the right of personality says; from and the defined by the nature and the subject of some special classes of analysis obtained reproductive rights belong to the natural conclusion.The third part of reproductive rights from a typical case of conflict, analyzes the types of rules and the exercise of reproductive rights conflict occurred between the couple reproductive rights conflict.The fourth part briefly describes the artificial assisted reproductive technology; the same time, things’ frozen embryos, "the legal status of emerging research and analysis for the" man- thing "binary system to find the right position.The fifth part analyzes the contents of some of these new reproductive rights conflict and arise some conceived solutions.