Women have the right to have children and the freedom not to have children. Does a woman's unilateral decision to have children constitute a violation of the male's right to have children? How do you think that a woman who is unwilling to have children is sued by her husband in court?
Huang Mou, a woman, and Dai Mou, a man, lost their marriage due to economic disputes after marriage. The wife secretly induced the fetus, which led Dai Mou, the husband, to take his wife to court for compensation for mental loss. The final court ruled that Dai's claim for compensation would not be accepted. Does the wife's unwillingness to have children violate her husband's right to have children?
In this regard, this year's judicial examination also appeared related topics. The reference answer to the national judicial examination questions was recently released on China's law popularization website, and the questions concerning people's livelihood that have been paid close attention to have been formally answered.
Does a man have the right to bear? Does a woman's unilateral decision to bear constitute a violation of the right to bear? This topic of great social concern appears in this year's national judicial examination questions. According to the case given by the questions, it is shown that a woman and a man have not given birth for many years after marriage, and later a man finds that a woman has stopped pregnancy several times because she is unwilling to bear, so a man beats B woman many times 。 After being beaten and hospitalized, the second daughter filed a lawsuit to the court for divorce and compensation for damages. The first man filed a counterclaim on the ground that the right to bear was infringed, and asked the second daughter to compensate for her mental damage.
This is a multi topic. According to the reference answers published by China's general law network, the correct choice of this topic is' the court should support the compensation request of the second female 'and' the court should not support the compensation request of the first male '. It can be seen that the second female does not infringe on the reproductive right of the first male or the human dignity of the second male.
Peng Xinlin, deputy secretary-general of China Association of criminal law studies and deputy director of China Institute of criminal law of Beijing Normal University, said in an interview that whether a wife has children after pregnancy should be decided by her or not. According to the law of the people's Republic of China on the protection of women's rights and interests, women have the right to have children and the freedom not to have children. Judicial interpretation of marriage law (3) stipulates that the people's court shall not support the husband's claim for damages on the ground that the wife terminates the pregnancy without permission and infringes on her right to bear. This article further clarifies that although the male side also has the right to bear children, it is based on the female side's willingness.
Huo Yongji, a partner and deputy director of Guangdong shangzhixin law firm, further explained that in the examination questions, a man committed domestic violence against B woman and caused her to be hospitalized. According to the marriage law, B woman has the right to claim compensation from a man when she files a divorce claim. According to the general principles of civil law of China, citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is strictly prohibited to damage the reputation of citizens and legal persons by means of insults and slanders. In the test questions, the termination of pregnancy by the woman does not constitute a violation of the human dignity of the man.