Legal Thinking Of Gender Self-Determination

At present,the right of transgender people to undergo gender-reset surgery in China has been confirmed by law,but this is not the same as transgender people can decide their gender autonomously.Recognizing gender in terms of self-identification rather than physical organs is the key to transgender freedom and dignity.Therefore,this paper reconstructs the dual gender paradigm of the law,based on the status quo of legal recognition of gender autonomy at home and abroad,and proposes “the right to decide on gender autonomy”.Gender autonomy determines that natural persons use their own identity as the standard to determine their own gender and obtain legal recognition.Defining your own gender identity and freely expressing gender is two important elements of gender autonomy.The essence of this right is to challenge the existing dual gender paradigm and pursue the right to control the self and the lifestyle.The law should confirm the natural person's right to self-determination and no longer accept gender-replacement surgery as a necessary condition for changing gender markers.In addition to the introduction,this article is divided into three chapters,the basic content is as follows:The first chapter is the theoretical basis of gender autonomy,which explains why gender is determined autonomously.First,borrowing Foucault's investigation of the gender system in Sexual History,he re-examined the dual gender paradigm of law.With the trend of post-modern counter-mainstream and anti-discipline training,the gender system has been greatly impacted and gradually deconstructed.A pluralistic and fluid gender concept has emerged,which provides a legal philosophy basis for the formulation of gender autonomy.Secondly,the gender is redefined in the concept of multiple genders,and the concept of “transgender” and related concepts is briefly introduced,which provides the basis of sex and sociology for the formulation of gender autonomy.The second chapter is the legal recognition of gender autonomy,which is the realistic basis of gender autonomy,including the international process of gender autonomy and the status of rights in domestic legislation and the judicial field.With the continuous development of the LGBTI movement in the world,the rights of trans people are gradually regarded as international human rights,and many countries have adopted the legal recognition model of gender identity.At present,China's domestic law affirms the content of transgender rights,such as the right to health and the “transformation right”.The court also confirmed the general personality status of the two rights of gender identity and gender expression.However,according to relevant research,the existing legal system still cannot comprehensively and effectively guarantee the basic rights of trans people,which provides a realistic basis for the formulation of gender autonomy.The third chapter puts forward the right of gender autonomy,based on the theory and reality,using the logical proof method of emerging rights,interprets the connotation of the right,and analyzes from the two aspects of reality and legitimacy.First,the analysis of the connotation of rights,in contrast to the "transformation rights",emphasizes that medical procedures are not a prerequisite.Secondly,using the reality to illustrate gender autonomy is a real problem with realistic urgency.Finally,the right is used as a logical starting point to prove the right.The basic rights attribute of gender autonomy is introduced by the interests involved as a basic interest,and the publicity of rights that may be involved is responded to.