Study On Conflict Of Reproductive Right Between Couples And The Solution

Based on both the male and the female physiological structure and behavior of different,the biological basis of interaction between husband and wife would inevitably produce reproductive rights conflict,how to properly solve the couples of reproductive rights conflict not only need to have a perfect theory for reference,need more relevant legal system as a guide.However relevant theoretical knowledge about reproductive rights in our country has not into system,definition of reproductive rights conflicts exist differences of more or less,in the judicial practice has not been a complete unified legal basis,thus appeared different connection with the given situation.Solutions on the conflicts and thus to promote the reproductive rights of husband and wife,this article from the perspective of theory and judicial practice of law.Paper introduces the historical evolution of reproductive rights and comprehensive outline several comments made about the birth right concept,has been clear about the reproductive rights is a fundamental human rights,is a constitutional right,belongs to the category of private rights,analyses the reproductive rights is a personality right;On the premise of clear reproductive rights property further probes into the status of reproductive rights are husband and wife property,dependent and wrong,and sums up the specific content of reproductive rights of husband and wife both husband and wife of the decision,the couples' right to know,couples guarantee.To make couples reproductive rights conflict and apart from the rest of the disputes about couple reproductive rights,reproductive rights conflict is defined in this paper,the husband and wife,analyzed the couples the essence of right conflicts is interest conflict and value conflict,the infringement of rights conflict and,in turn,will be husband and wife to breed question has carried on the contrast,clear reproductive rights conflict is the result of the exercise of legal rights,and reproductive rights infringement is the infringement;In clear couple reproductive rights conflicts on the basis of analyzing the subjective cause and objective cause of reproductive rights of husband and wife,then combined with the typical case analysis the reproductive rights conflict before pregnancy and pregnancy after the reproductive rights conflict types,as well as special type caused by children in the legal and reasonable conflict and a spouse places for couples death cause reproductive rights conflict.In order to find out about reproductive rights conflict resolution problem of husband and wife in our country,and from seeking to learn from foreign legislative and judicial practice,the author analyzes the legislation present situation on the reproductive rights conflict of husband and wife,as well as the problems existing in the judicial practice,through the introduction of foreign Anglo-American law system and continental law system in solving the couple reproductive rights conflict on the judicial precedents and legal regulations,get the analysis with reference to our country,including the British pregnancy embryos owned by both husband and wife,agreed to into the uterus,pregnancy after giving his wife the abortion decision and Mexico family agreement system.In the aspect of couples of reproductive rights conflict to solve the author first puts forward the conflict shall follow the principle of equality,the principle of bona fide exercise and principle of benefit measure;Secondly in terms of establishing the system of birth protocol proposed his own ideas,including birth agreements concluded,fertility and the content of the agreement and violation of fertility agreement shall bear the responsibility of the three aspects;At last,it puts forward the concrete Suggestions on legislation and the judicial.