The System orientation of reproductive rights in private law in the era of population policy transformation
With the introduction of China's three-child policy,citizens'reproductive freedom is further highlight-ed.Fertility right is a civil right not listed in Article 110 of the Civil Code.Although China has the moral tradition of giving birth within marriage,the natural person's reproductive right is not due to the marriage relationship,and there is no legal obligation between husband and wife to cooperate with each other in giving birth,so the reproduc-tive right should not belong to the right of identity.The freedom of reproduction belongs to the category of personal freedom,so the right of reproduction falls within the scope of the general provisions of personality right in the Civil Code.China's personality rights and interests system contains a series of ethically weakening types:"life right →body right →health right → reproductive right → marriage autonomy → name right → reputation right → privacy right → portrait right →other personality interests".Giving priority to the light,it is necessary to take the reproductive right as a specific personality right,so as to realize the integrity and scientificity of the civil code right pedigree.
Population policyReproductive rightsPersonality rightType sequence
NETL
NSTL
万方数据
维普
