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The Research on the Grow Right

Author: ShaoWenBo
Tutor: LiuShuFen
School: Guizhou University
Course: Law
Keywords: The grow right Personal right The right’s exercise Prospect
CLC: D923
Type: Master's thesis
Year: 2006
Downloads: 229
Quote: 1
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Abstract

In recent years, the relevant disputes of the grow right increase continuously. For example a husband sued a wife to violate his grow right, a couple sued the medical treatment organization, the gibbets’ wife requested to be allowed to get the artificial assistance technique to grow his kid, etc. These problems attract the extensive concern of social public, and so it becomes the focus problem that people are discussing warmly.This view that the grow right is a right has already got confirmation in the way of law. But this doesn’t mean that we know about it definitely, there are still many problems to need a further study, for example: what The freedom that the grow right contains is, what it’s property is, which person possesses the grow right, what content it can be,etc. The academic circles in our country have not yet reached consensus on the related problems of the grow right currently, the disputes are very great. The controversial key problems are: (1) the right’s ownership should be the husband and wife or a citizen personally. (2) the right’s restriction and content. (3) the coordination of the right’s conflict between the couples. But all the problems involve a relevant core problem. That is what the grow right’s essence will be exactly. These researches will not only deepen our understanding of the grow right, but also contribute to push the grow right to become the real right, carrying out its value as a right.In the thesis, we refuses to consider it as the standpoint of a kind of husband and wife identity right, and points out that it should belong to the personal right. We thinks the grow right is the right that the everyone possesses, its corpus should be the citizen, the female grow right theory and the couple grow right theory exist the limit. But the right’s possess differs from the right ’s exercise physically, under the current social condition, not all citizen can exercise it, we have to insist to grow inside the marriage system, the law must guarantees the legal husband the and wife ’s grow right, forbidding generally non- marriage grow behavior. The grow technical usage is the important way that realizes the right, but we should take it into norm through lawmaking. In the end of article, we carries on an outlook towards the future of the grow right. The whole article is divided into six parts, including the preface and the conclusion totally.

The Research on the Grow Right

Abstract

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