Study On The Conflict Of Spouse Reproductive Right

Reproduction plays an irreplaceable role in the historical development of human society.The main body of society is human beings.Human beings have created and led the development of society.The human life span is limited and it is necessary to rely on reproduction.Therefore,the importance of reproduction is self-evident.China's Constitution does not stipulate reproductive rights but stipulate reproductive obligations.Therefore,it cannot interpret parental rights as a basic right The Population and Family Planning Law and the Law on the Protection of the Rights and Interests of Women make relevant provisions.Physiological differences determine that couples play different roles in the realization of reproductive rights.In general,a wife has to pay more for reproduction than her husband.In the reproductive process,the health of the wife is threatened and she also has to bear psychological pressure.For most modem women,reproduction will also have an impact on their careers.Based on this,it is understandable that the reproductive protection of their reproductive rights is irreproachable.It is also based on this that the realization of reproductive rights between husband and wife is often faced with difficulties to reconcile conflicts of interests.Of course,the conflict in the fulfillment of the reproductive rights of couples in this article is not a conflict between two basic rights but a conflict between rights in the general sense.This article is includes four parts:The first part is the historical interpretation of the reproductive rights and legal interpretation of the current condition of reproductive rights in China.At present,China's Constitution has no clear legal provisions on the right of reproduction.The Population and Family Planning Law stipulates that citizens have the right to have children.In the Law on the Protection of Rights and Interests of Women,it is stipulated that women have the right and freedom to have children.Secondly,it defines the main body of reproductive rights,and the main body of reproductive rights is citizens.The scope of the main body of reproductive rights should not exclude male and single women,but should include them.The content of reproductive right is limited.The content of reproductive right shall include the choice of the partner and shall be free to decide the time,quantity and quality of reproduction.The second part argues the forms of reproduction conflict between husband and wife.It mainly analyses conflicts that when the wife wants to give birth,but the husband does not,and when the husband wants to have a baby,but the wife does not.The author introduces the related theories which include that marriage means agreeing to have children,signing a agreement on having a baby,divorcing and so on.The third part is the interpretation of the causes of conflict between couple's right of reproduction,including physiological,practical and conceptual reasons.Physiological reasons are determined by the physiological characteristics of them.Practical reasons include public power,medical practices and work.The conceptual reasons are mainly caused by the changes of female's reproduction consciousness.The fourth part proposes some suggestions on the protection of reproductive rights.It is suggested that the Constitution stipulates the right of reproduction and recommends that the Population and Family Planning Law should make detailed provisions on the right of reproduction.It is suggested that the right of reproduction be specified in the civil law system.It is suggested that couples exercise their reproductive rights based on the principle of mutual respect and consultation.