| Fertility is a natural phenomenon of human reproduction.It makes humans pass from generation to generation and never stops growing.The right to procreation is not a concept that has only appeared in recent years.It is a basic right of people who have followed since ancient times.Nowadays,with the rapid development of society,people’s concept of fertility has undergone earthshaking changes,and cases of infringement of fertility rights in social practice are increasing day by day.This article discusses the related theoretical and practical issues of the regulation of reproductive rights,starting from the essence of reproductive rights and combining with Chinese laws and social practices.This article starts from the perspective of legal theory.The main body of the thesis is divided into five parts.The first part is the legal analysis of reproductive rights,mainly elaborating the concept and basic theory of reproductive rights.It first discusses the concept of reproductive rights and the content of reproductive rights,and then further discusses the human rights attributes of reproductive rights,and demonstrates from the perspective that reproductive rights are the moral basis of human rights and reproductive rights are the basis of human rights.The second part is the status quo of the legislation of reproductive rights.It mainly introduces the current status of international legislation and domestic legislation.Regarding China’s domestic legislation,it mainly discusses the relevant provisions of the Constitution,the Law on the Protection of Women’s Rights and Interests,the Law on Population and Family Planning,and other departmental laws on birth rights.The third part is the analysis of content conflict.It mainly introduces the conflicts between husband and wife,the conflict of rights and obligations,and the conflict between personal rights and national order.The fourth part is the conflict and integration of legal value of reproductive rights.Mainly demonstrates the human rights attributes of reproductive rights,namely the expression of personality and dignity,the conflict between human rights values and order values in reproductive rights,the coexistence of formal justice and substantive justice injustice values,and the rights of citizens to reproductive rights and collective survival and development Parallel issues.This part analyzes the conflicts of rights of the existing reproductive rights and explores the nature of the conflicts,including the conflicts between the reproductive rights and reproductive obligations between the spouses and individuals,the conflicts between the individual reproductive rights and the state public power,and other special subjects such as criminals and unmarried Single women and the main body of assisted medical technology to achieve childbirth conflicts related to reproductive rights,and tried to integrate these conflicts at the legal level.The fifth part is the perfect way to face the problem of reproductive rights.From the three levels of legislation,implementation,and justice,the current legal system and legal system of reproductive rights in China are improved and reconstructed.Finally,based on the above theoretical analysis,combined with China’s existing legislative status,we have studied the legal regulation of China’s reproductive rights and tried to improve it. |
