The difference and interaction of reproductive Rrights in Chinese Constitution and Civil Law
The reproductive right is based on the value of reproductive freedom,which belongs to the funda-mental rights of citizens that not listed in the Constitution.Although the reproductive right is not explicitly listed in China's Civil Code,its attribute of personality right has been gradually recognized by legal interpretation and judicial judgment.The reproductive rights in our Constitution and civil law have the same name but different qualities.The reproductive rights as personality rights in civil law play the role of implementing the reproductive rights as basic rights in the Constitution.The reproductive rights in the Constitution have the functions of"preventing the state power from interfering with citizens'reproductive freedom excessivel"and"establishing an objective value order of reproductive freedom",which can be regarded as public order and good customs to indirectly influence the civil pro-tection for reproductive right.
Civil CodeReproductive rightsFundamental rightsPersonal rights
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NSTL
万方数据
维普
