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Discussion of the couple has the right to conflict
Author: YangJie
Tutor: LiuShiGuo
School: Fudan University
Course: Legal
Keywords: Reproductive Rights Conflict Legislative proposals
CLC: D921
Type: Master's thesis
Year: 2011
Downloads: 291
Quote: 0
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Abstract
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Fertility is a historical topic, along with the behavior of the human generation there. From the development of the reproductive rights, reproductive rights regime established rights and reproductive behavior has gone through three stages: the natural fertility stage, fertility obligations stages and reproductive rights stage. Reproductive rights non experienced non-rights obligations - obligations - the right to development process reflects the progress and development of human civilization. By the late 19th century, the Western feminist birth as a right to claim the right to voluntarily become a mother, \International Conference file to start involving reproductive rights, and its meaning in the development and changes in the main body of the reproductive rights expanded from \to freely and responsibly, specific to the children responsible for \Reproductive rights in our country also experienced much the same course of development, but the birth of our reproductive rights system late 1990s as a women's rights to be recognized, to be recognized as a civil rights in the 21st century. Modern society, fertility problems, has become a legal issue. Especially in China, from a legal perspective on reproductive rights norms, and will have far-reaching significance. This paper hopes to do a study of the legislative vision of the concept of reproductive rights, characteristics, reproductive rights conflict and improve our reproductive rights, and thus concluded that, in order to better address the reproductive rights conflict between husband and wife, the legislative and judicial challenges to promote the harmonious development of society. Reproductive rights is a citizen of a basic human rights, but also natural persons of a specific civil rights, belonging to the personal rights of personality rights, contains have fertility decision-making power and the right to know, for the exercise of reproductive rights to be subject to the family planning policy, and social conventions Liang customs and our laws regulatory restrictions. Couple issues of reproductive rights conflict, we should be resolved in accordance with the principle of measure of interest, specifically, we should follow the principle of equal consultation before pregnancy, reproductive rights conflict, conflict after pregnancy, reproductive rights to women should follow party tilt reproductive rights principles. The research method case studies law and comparative law studies point to demonstrate the characteristics of the reproductive rights jurisprudence classification; restrictions on reproductive rights; fertility validity of the agreement; reproductive rights conflict causes, types and problem solving . This paper is divided into an introduction, body and conclusion of three parts, in which the body is divided into five chapters. The first chapter briefly describes the historical evolution of the concept of fertility, reproductive rights, the study of reproductive rights, meaning and reproductive rights. The second chapter discusses the nature of reproductive rights, the content and the exercise of reproductive rights restrictions. A comprehensive understanding of reproductive rights. The third chapter discusses the substance of reproductive rights conflict and type. Introduced the concept of reproductive rights conflict, focused on reproductive rights essence of the conflict. The fourth chapter discusses configuration issues, conflicting rights of reproductive rights and reproductive rights conflict between husband and wife at the same time solve the proposed principles between husband and wife. Chapter V of the existing maternity rights legislation put forward suggestions for improvement.
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CLC: > Political, legal > Legal > Chinese law > National law,the Constitution
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