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生育权,顾名思义,即指男女双方所享有的自由生育子女的权利。生育权是随着经济发展,社会进步和女权主义的兴起而产生的新兴权利。在封建社会里,由于受传统伦理道德观的影响,生育子女被看成是男女双方的义务和职责。女性只是被当作一个生育工具,在封建传统的“七出”之条中,“无子”即是“七出”情形之一;而男性也深受“不孝有三,无后为大”的传统思想的束缚。可见,那时并不可能有生育权产生的土壤。随着社会经济的发展,人们的思想观念随之革新,对生育的看法也逐渐发生了改变。但是我们仍应看到,在我国大多数地区,尤其是在“养子送终”观念仍然强烈的农村,那里人们依然难以接受这种思想。而作为法律规定的生育权,如何与社会道德相协调,将是其是否得以确立的重要问题。
The right to reproductive rights, as the name suggests, refers to the right of children and boys to have free birth. The right to reproductive rights is a new right arising from the economic development, social progress and the rise of feminism. In feudal society, childbearing is regarded as the obligation and responsibility of both men and women because of the influence of the traditional ethics and moral values. Women are only regarded as a means of childbirth. In the feudal tradition of “seven out”, “no child” is one of the “seven out” situations; while men also suffer from “ , After all, ”the traditional thinking of the shackles. It can be seen that at that time there was no possibility of fertility. With the development of society and economy, people’s ideas and ideas are followed by changes in their views on reproduction. However, we should still see that in most parts of our country, people are still struggling to accept such ideas, especially in rural areas where the concept of “keeping their children and giving ends” is still strong. And as the law provides for the reproductive rights, how to coordinate with the social morality, will be whether it can be established important issues.