On The Legal Protection Of Male Reproductive Rights In Marriage

As the basis of the continuation of human race,procreation has gone through all stages of the development of human society,with men and women as the main body of procreation.The debate between the two sexes on the subject of procreation has never stopped from the primitive society to the modern society.In modern society,with the development of human rights and feminism,the protection of women's reproductive rights by law is more and more powerful.However,the different physiological structure between the two sexes doomed the realization of male reproductive rights to have a great dependence on women.So,when the male reproductive rights are infringed by women in the marriage relationship,how should China's laws really protect the male reproductive rights?In fact,there is no final conclusion about male reproductive right in China.Women claim that the law on the protection of women's rights and interests in 1992 stipulates that women have "the freedom not to have children",while men claim that they have the same right to have children according to the law on population and family planning in2002.Since July 4,2011,the Supreme People's court has been applying the law of the people's Republic of China After the adoption of the interpretation of marriage law of the people's Republic of China on Several Issues(3),courts all over the country have a unified basis for hearing cases in which a husband,a wife and an abortion infringe upon their right to bear children.Article 9 of the interpretation stipulates that the wife has the absolute right to decide unilaterally whether to terminate the pregnancy in the marriage relationship,and denies the husband's claim for damages.Many people think that the law does not protect men's reproductive rights.Although this understanding is too one-sided,it can also be seen that people,especially men,are calling for the protection of their own reproductive rights.Therefore,whether men have reproductive rights and how to protect their reproductive rights are the issues discussed in this paper.First of all,through the analysis of the nature of the right of birth,this paper draws the conclusion that the right of birth and childbirth is the right of personality,and that men enjoy the right of birth in life,and discusses the basis for men to enjoy the right of birth from multiple perspectives.The second part of the article analyzes the legislation of foreign countries and the existing problems of male reproductive rights in China,and concludes that both at home and abroad,men are in a weak position in the protection of reproductive rights,especially in China,the legislation of male reproductive rights is almost blank,and the infringement of male reproductive rights can not get relief.At the end of the article,the author discusses the relief of male reproductive right,and puts forward some suggestions on the legal protection of male reproductive right,such as adding the content of the protection of reproductive right in marriage law,establishing the standard of compensation for spiritual damage,and connecting the law with other protection means.