论夫妻生育权冲突的救济

Remedy for the Conflict of Reproductive Rights of Husband and Wife

生育权是公民的一项基本人权,夫妻双方作为两个独立的个体各自都享有平等的生育权,依法拥有生育和不生育的自由,而生育行为的实现是夫妻双方相互配合来共同完成的,当夫妻双方在生育问题上不能达成一致时,夫妻生育权冲突的情形就会出现。当今社会,夫妻双方因生育权冲突而起诉至法院,请求维护其生育权的现象屡见不鲜。而夫妻之间生育权的冲突事关婚姻关系的维持和家庭幸福和睦。在当代社会中,夫妻生育问题,已经成为法律问题,随着社会不断地深入发展,越来越需要从法律的角度对之进行完善规范,而当前的法律现状并不能给夫妻间生育权冲突的夫妻双方提供有效的法律救济。

Reproductive right is a citizen’s basic human right. Both sides of husband and wife have equal re-productive right, in accordance with the law, have the freedom of fertility and barren, and the re-productive behaviour needed to both sides of husband and wife together to do, when the couple couldn’t agree on fertility problems, couples of reproductive right conflict situation will appear. In today’s society, it is not uncommon for couples to sue the court for reproductive rights and to maintain their reproductive rights. The conflict of reproductive rights between husband and wife concerns the maintenance of marital relationship and family happiness and harmony. In modern society, fertility problem, has become a legal issue, along with the social development constantly, more and more need to improve from the perspective of legal norms, and the current legal status and cannot give a couple reproductive rights conflict of the both sides of husband and wife to pro-vide effective legal relief.