On The Reproductive Rights Of Couples

The rights of human society have been constantly improved and updated,including the right to procreation.The right to procreation was initially a natural obligation,and then gradually transformed into the right exclusively owned by women,then to the rights of husband and wife,and finally to the rights of natural persons.Under the current legal background,the reproductive right has become a legal right that any citizen has,so people pay more and more attention to it.The family tradition,the legal system in our country,our country's reproductive rights is based on the legal marriage,husband and wife in a lawful marriage will become the subject of the rights respectively,and therefore,it need collaboration from both sides,the requirements in the real life is often a couple of family conflict and even the root cause of the injury,especially the husband and wife two people only when a person want to exercise this right.When conflicts and quarrels arise and both parties are unable to exercise their reproductive rights,they cannot give accurate trial in the past judicial practice.First,there are no relevant provisions to serve as the judgment basis.Second,the fact of damage cannot be identified.The supreme people's court released on August 9,2011,the supreme people's court on the applicable<marriage law of the People's Republic of China>(3)"the explanation of some issues,the exercise of reproductive rights between a couple,security disputes,to a certain extent,rule-based,but because of the complexity of the real life,still keep appearing in the judicial practice difficult complex cases,need to get attention and processing.In this paper,based on the theory of law and judicial practical two big Angle of view,combining theories and research in the field of multiple conclusion,first of reproductive rights definition,content,attribute,type briefly elucidated,on this basis of reproductive rights conflict and the category of the damaged give detail again after making analysis to the deep factors of this kind of phenomenon,in order to find the right strategy,finally,in accordance with the judicial practice and the relevant laws,including the national law,the population and family planning law ","the marriage law interpretation(3)",etc.,to face this kind of case in judicial practice some really effective solution.This paper includes five main contents:The first part illustrates the couple reproductive rights research significance,research status,research contents and research methods,points out the current our country legal system about couple reproductive rights protection content,show that couple reproductive rights in our country is still lack of perfect legal system,theoretical support and practical solutions,this is the theory and practice problem that nots allow to ignore.The second part summarizes the concept,nature,characteristics and content of the reproductive right between husband and wife.The third part analyzes the status quo and existing problems of the reproductive right between husband and wife in China.From the perspective of the constitution of the People's Republic of China,the law on the protection of women's rights and interests,the law on population and family planning,the marriage law and relevant judicial interpretations,this paper expounds the current situation of the legislation on the reproductive rights between husband and wife in China.From the perspective of the conflict of the right of reproduction between husband and wife and the infringement of the right of reproduction between husband and wife,this paper analyzes the current judicial situation of the right of reproduction between husband and wife in China.And then from the status quo of the right to reproduce between the husband and wife in China sorted out the existing problems of the right to reproduce between the husband and wife.The fourth part from the perspective of comparative law,the couple outside reproductive rights,teasing out the United States,Britain,France,Japan and other countries successful experience in couple reproductive rights system construction,refined couple reproductive rights of our country has reference meaning and value of the legislation and practice,as a reference in the system of our country's perfect couple reproductive rights and solve.In the fifth part,combining with the legislative defects and practical problems of the reproductive rights system of China's spouses elaborated in the third part,and fully referring to the legislative and judicial practices of foreign countries,the author puts forward Suggestions and measures to improve the reproductive rights system of China's spouses.