The Legal Protection Of Women's Spouse's Reproductive Rights In The Relationship Between Husband And Wife

As a basic human right,reproductive right is of great significance in marriage.With the implementation of the "comprehensive two child" policy in 2015,the issue of female reproductive right based on family once again appears in the public vision.The issue of female spouse's right to bear has reached the climax of hot public opinion again.On the contrary,in the past ten years,the discussion of law in this field has been hot,but the change of law is very few.In view of the formulation and discussion of the civil code in the past two years,the formulation of the law on the right to bear in the compilation process of the marriage and family code of the civil code is also a hot topic in the academic circle.Therefore,this paper mainly studies and analyzes the legal protection of women's spouse's reproductive rights.In the marriage relationship,women's spouse has been in a weak position.No matter from the social evaluation or the relationship itself,the self choice space of women's spouse is much smaller than that of men.As for the issue of childbearing,there are differences in physiological structure.The right of childbearing of female spouse is more vulnerable to the outside world,including the other party in the marriage relationship.Therefore,improving the legal protection of the right of childbearing of female spouse has a significant impact on the population and other issues in today's society.This article first from the origin and definition of the right to bear to understand the development of the right to bear,in order to help us in the formulation and revision of existing laws can better reflect the nature of the right to bear the characteristics,understand the nature of the right to bear.The nature of the right to bear determines its position in the legal system,which enables the legal makers to reasonably classify and effectively apply it in the future legal formulation.Secondly,in order to study the current situation of the reproductive rights of female spouses in the relationship between husband and wife,it is necessary to understand the essential content of the conflict of reproductive rights between husband and wife,which mainly involves the conflict between the right to know and the right to decide on childbirth.To understand the conflict,we can better use the legal system to protect it.At the same time,we should pay attention to the distinction and definition of the rights related to women's reproductive rights,and solve the problem of value orientation when multiple rights conflict.Then,it states and analyzes the influence and reference significance of the theory achievement and practice operation of the reproductive right of female spouse in the world on the current reproductive right of women in China.Moreover,through the collection of typical representative cases,through the real life of the relevant contradictions and disputes,from the perspective of law,this paper analyzes the gaps and limitations of the current legal protection of reproductive rights in China.Finally,after a deep discussion of the above issues,from the case analysis to the comparison of Chinese and foreign laws,this paper puts forward legislative suggestions and revision directions for the current legal system of women's reproductive rights in China,hoping to effectively protect the infringement of women's spouse's reproductive rights in the marriage relationship and improve the legal guarantee system of reproductive rights.