The Equal Protection Of Male Procreative Right And Its Limits

The procreative right is an important and complicated right,whose moral importance and practical complexity make it difficult when protecting,guiding and regulating it.Since the new century,with the re-recognition of social gender division of labor as well as the continuous upsurge of the feminist movement,the protection of women’s procreative rights has been emerging.Admittedly,it is necessary and reasonable to protect women’s procreative rights,but men’s procreative rights cannot be harmed in the process of protection.Based on the special emphasis on female procreative rights may cause potential harm to male procreative rights,this paper takes male procreative rights as the research object.Firstly,this paper summarizes the content and protection value of male procreative rights,analyzes the logical structure of male procreative rights,and discusses the ways to solve the conflict between male procreative rights and female procreative freedom.Secondly,through the analysis of the impact of artificial procreative technology,the future of procreative relations between the sexes were prospected.Finally,male procreative right is not an unrestricted right.The epilogue simply summarizes the limits of male procreative right.Specifically,the first part of this paper will analyze the situation of "equal protection" of male procreative rights in the national legislation by reviewing the national legislation cases.The conclusion is that it supports the equal protection of male procreative rights in private law by comparing the negative and positive views.At the end of this part,the reasons for equal protection of male procreative rights in private law are summarized:the male procreative rights have five values:welfare value,equal value,parent-child relationship,freedom value and social value.Based on these five values,we need to affirm the need for complete protection of male procreative rights in private law.The second part of the article firstly summarizes and analyzes the content and characteristics of male procreative rights.The conclusion is that in the private law,the male procreative right has four major contents:the right to make decisions on procreative,the right to get information on procreative,the right to keep the privacy about reproduction and the right to keep procreative health.In terms of the characteristics of rights,male procreative rights are continuous rights and collective rights,and male procreative rights have the dual characteristics of political rights/natural rights,as well as legal rights/moral rights.In addition,according to Isaiah Berlin’s classification,male procreative rights are generally negative,with the exception of positive rights.Secondly,this part analyzes the logical structure of male procreative right with the method of Hohfeld’s right analysis.The conclusion of this part is that the theory of Hohfeld’s right analysis fails to solve the conflict between male claim right and female procreative freedom.In the third part,We take waldron’s theory of right conflict and Wellman’s theory of"real right" try to solve the conflict between male procreative right and female procreative liberty.The path to conflict resolution is the right equity proposed by Wellman,and the principle of equity is to give both men and women full autonomy in procreative rights,and then equally protect them in the right framework.The fourth part of this paper analyzes the convenience and challenge brought by procreative technology and discusses the influence of procreative technology on procreative relationship.At the same time,the epilogue summarizes the necessary limits of the exercise of male procreative rights.The boundary is the public interest,and the interests of the relevant people in marriage and family.The interests of the relevant subjects especially emphasize the interests of children,that is,the responsibility of parenting.