On The Subject Of The Enjoyment Of Reproductive Rights

Birth is a very old topic, and also an extremely natural human phenomenon.Without human fertility, it's impossible to have our present and future, and the endless circle of life of human society. Reproductive rights is an important content of the reproductive system. In recent years,civil disputes about reproductive rights of our country have emerging endlessly, reproductive rights subject theory researches deepened, it is no longer limited within the marriage is discussed in this paper.Reproductive rights subject's scope,way and all kinds of restrictions, etc, had became debate topic of scholars,reproductive rights issues become the focus of legal science and be attention to both at home and abroad. For a variety of reproductive rights disputes, to some extent, exposed that the moral and social mechanism is so pale in comparison to others. Law in our country,neither,can do the concrete elaboration,also can't blend in the trend of the international community,is a very pity thing.Who is a subject of reproductive rights in the end? Answer that question should start from the definition and the nature of the reproductive rights, and redesign reproductive rights basic theory and the relationship between the main body.Guide the theory of the cognizance of reproductive rights subject. the author puts forward its own views about general reproductive rights subject in several kinds of special subject in which couples and special in this paper .This article is divided into four parts, each part of the content is as follows:The first part is about to bring questions. Who should enjoy reproductive rights subject, opinions vary at odds in academic circles. One said because of the particularity of physical and historical reasons, the female reproductive rights reserved,men are not included in; Two said that based on the basis of marriage system, reproductive rights should be limited to whom has the legal status of husband and wife in marriage, and people outside the marriage system can't have reproductive rights of course; Others said that the reproductive rights belongs to all natural person,not only limited to the husband and wife to share, and not differ from the differences of the identity.The second part is the basic theories of reproductive rights subject. To delve into the subject of the reproductive rights, it is necessary to clarify the nature of the reproductive rights, and to clarify the nature of the reproductive rights, should probably have to start with defining the definition of reproductive rights. This paper argues that the reproductive rights is not only a kind of basic human rights,is also a kind of personality right, the reproductive rights of human rights and civil rights are not opposites, but the unified relationship. The universality of reproductive rights subject not only is the trend of recent international development, also can get a reasonable argument from the theory. Acknowledge the universality of reproductive rights subject, not only is a reflection of a nation's respect and safeguard to human rights also is a sign of progress of legal construction of China.The third part expounds a principal of reproductive rights within the institution of marriage. Reproductive rights, though cannot be simply defined as a kind of rights of personal status,it has a strong sense of identity in the marriage. Based on the establishment of a marriage or not as a line, dividing the reproductive rights main body as the main body in the reproductive rights within the institution of marriage,aka, husband and wife,and reproductive rights subject outside the marriage system.This chapter discusses the reproductive rights of both sides of husband and wife subject and its limit.The limitation on the right is often in order to implement the right better.The limits to couples of three aspects: right from the laws and regulations,public order and good custom and the influence of the public interest.The fourth part is about the main body that the reproductive rights without the institution of marriage, special subject discussion is focused on the single, gay groups and executed prisoners at present. So this chapter is also start from here, analysis that the legitimacy of these special main body should also enjoy the right of reproductive.Concluded that admit the principal position of the reproductive rights of special subject, of course, is to put restrictions on it, this paper argues that, for different categories of limitation also should be identical to each other, to suit the remedy to the case. Through to the idea of these reproductive rights subject limitation,can perfect the theory of reproductive in the end.