Birth Control:From Regulation with Public Laws to Governance with Private Laws
The question of how the state should control the private activity of reproduction in order to protect"future human beings"has been a major issue on the minds of scholars.In the light of the long tug-of-war between reproductive freedom and birth control faced by the United States,China can consider gradually moving from public law control of reproduction to private law governance of it.Viewing from this perspective,the use of assisted reproductive technology should be appropriately liberalized and marriage restrictions on birth registration should be gradually lifted.At the same time,Articles 1002 and 1007 and the invalid situations stipulated in the first part of Article 1054 of the Civil Code of the People's Republic of China should be used to regulate reproduction;Article 1002,the second part of Article 1054 and Article 1071 should be employed to guarantee the legal status of the born child.
Reproductive FreedomBirth ControlAssisted Reproductive TechnologyDignity of LifeNullification System
NETL
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