生育利益私法保护的权利基础与规制范式

The Legal Basis and Paradigm for Protection of Private Reproduction Rights

伴随人们维权意识的增强,司法实践中私主体之间的生育利益纠纷愈加增多,表现类型也愈加多样,但私法规范对生育利益的保护尚未上升到权利层面,已有的法律规定不周延,使得司法机关难以有效回应当事人的权益诉请。生育权的私法确认既体现了生育权自身的重要性,也体现了对生育权保护的主观重视。生育权私法地位的建构,需肯定生育权的人格权性质,明确生育权享有主体的广泛性,确认生育决定权、生育知情权、生育保障权的内涵范畴,加大精神损害赔偿的生育侵权救济。同时,也需对婚姻家庭领域、劳动用工领域和医疗卫生领域中发生的典型案件予以补强规制。从而使我国生育法律体系整体协调,提高对共性案件的处理能力,推进案件的合法准确、合理适当、公正高效审结,维护当事人的合法权益。

there have been an increasing number of disputes about private reproduction rights due to an increased awareness of the public of the importance for safeguarding these rights.The disputes take on many different forms,but the existing private law has f ailed to recognize the involved reproductive interests as rights that should be safeguarded,so that the judicial departments cannot make effective response to the appeals of the litigants.The recognition of the reproduction rights by the private law not only shows the importance of such rights in themselves,but also the intent of the law for protecting such rights.The construction of the legal status of reproduction rights by the private law entails an affirmation of the reproduction rights as personal rights,a clear statement about their universality,a clear definition of the rights for child-bearing,for knowledge about it,and for securing it,and an increase of penalties meted out to any violation of such rights.At the same time,there is a need for more regulations to be stipulated in such fields as marriage,f amily,job placement,and medical care to coordinate legislative efforts in perfecting law-making with regards to reproduction rights in a way to push for more accurate,rational,just and effective settlements of disputes in this regards and secure the rights of the litigants involved.