Research On The Legal Protection Of The Second Child Reproductive Right

The two child birth right,refers to China has fathered a child married citizens have the right in accordance with the provisions of laws and policies,to determine whether the two children born,when born two children,two children born in what way and for this purpose and to obtain the basic rights of the government guarantee.From the basic attributes of human rights and national birth right to respect human rights obligations in terms of two child rights is not only negative for human rights(such as the freedom to decide whether,when and how to have a two child),or positive human rights(such as the government should guarantee).Although all the two child policy to let citizens two child rights,but did not eliminate obstacles to citizens of the birth of two children(one spouse against two children,formulate "fertility schedule",couples find a surrogate born two children and couples who do not want to have two children etc).Want to achieve the two child reproductive rights protection,One hand,the legal means to protect the two child reproductive rights in the negative rights,firstly,analysis of the status quo of China's reproductive rights legislation,identify its shortcomings;secondly,from two aspects of public law and private law legislation in our country,the construction of reproductive rights rights system;finally,when the citizen's two child rights have been violated,can be reconciliation,mediation,administrative reconsideration,litigation and other ways to maintenance.On the other hand,to protect the positive rights of the two children's reproductive rights by means of policies,the first overview of China's current family security policy,find out the deficiencies in the protection of the family;understanding of maternity protection policy changes the new three fertility policy in Japan and South Korea and to improve the fertility rate and the introduction;finally,to put forward reasonable suggestions to improve China's fertility security policy,constructing the policy guarantee system for two child reproductive rights.