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近年来,司法实务中,生育权的纠纷层出不穷,理论界对生育权的论述更是连篇累牍,生育权遂成为民法上极热门之课题。然而无论是实务上还是理论上,生育权的各个方面均存在着极大的争议。生育权的内涵、性质等基本问题目前均未形成共识,其在民法体系上如何定位也没有定论。本文即对生育权问题展开探讨,对生育权清晰界定后,对其进行民法体系上的定位。
In recent years, disputes in reproductive rights have emerged one after another in judicial practice. Theorists’ discourse on reproductive rights has become more and more complicated. Fertility rights have become extremely hot subjects in civil law. However, no matter in practice or in theory, there are great controversies in all aspects of maternity rights. At present, there is no consensus on the connotation and nature of the right to reproductive rights, nor is there any conclusion on how to position it in the civil law system. In this paper, the issue of reproductive rights is explored. After the definition of reproductive rights is clearly defined, its orientation on the civil law system is discussed.