一、生育权的概念与问题的提出我国《人口和计划生育法》第17条规定:“公民有生育的权利,也有依法实行计划生育的义务,夫妻双方在实行计划生育中负有共同的责任”。据此,笔者认为,生育权是指生育主体享有依法生育或不生育的自由,以及根据权利生育或不生育并在受到侵害、阻碍时 First, the concept of reproductive rights and issues raised China’s “Population and Family Planning Law,” Article 17 states: “Citizens have the right to reproductive, but also the obligation to implement family planning according to law, the couple have a common responsibility in the implementation of family planning ”. Accordingly, in my opinion, the right to reproductive refers to the freedom of the reproductive subject to enjoy the right to conceive or not, as well as the right to bear or not to give birth,