夫妻生育权平等的冲突及其法律思考

Conflict in Spouse Right to Give Birth and Its Legal Considerations

我国婚姻法规定夫妻双方均有生育权,但事实上生育的最后支配权往往掌握在女性手中,导致近年来发生了许多有关夫妻生育权是否平等的争讼案件,受到了社会舆论和法律界的广泛关注。夫妻生育权的地位应重新审视,当因夫妻生育权的平等而发生侵权冲突时,必须在侵权法上进行适当解决,以维系各种社会关系的和谐发展。

The marriage law of PRC stipulates that spouse both have the rights to give birth. However, it seems that the wife has found voice in the situation, which leads to many lawsuits concerning whether both husband and wife should have the equal say in this matter. Spouse＇ s equal right in child bearing draws a wide attention from either the public or the legal professionals. The author thinks we should reevaluate this matter. When lawsuits concerning this matter appear, we should base on the doctrins of torts to solve this problem in order that the social relations of different kinds may develop in harmony.