Study On The Reproductive Rights Of Single Women From The Perspective Of Feminism Jurisprudence

To ensure the realization of single women's reproductive rights is not only the basic requirement of respecting and protecting human rights,but also the practical need of alleviating the current problems of fertility decline and insufficient population dividend.However,at this stage,the relevant laws of our country are not clear about the provisions of citizens' reproductive rights,which results in that the reproductive rights of single women in our country are in the zone of vague legislation,mainly manifested in: firstly,the constitution,as a superior law,does not clearly stipulate that citizens have the right to bear children,only emphasizes that both husband and wife have the obligation to implement family planning,and does not mention the right to bear in the chapter of citizens' basic rights Therefore,the basic laws,such as the law of population and family planning,the general principles of civil law and the marriage law,which are subordinate laws,do not specify the specific concept and content of the right of birth.Secondly,there is a content conflict between the local laws and regulations of the same effectiveness level and the department rules.The population and family planning regulations of Jilin Province endow single women with the right to have children by means of human assisted reproductive technology,while the human assisted reproductive technology specification of the health and Health Commission forbids single women to apply human assisted reproductive technology.Due to the imperfection of the relevant laws and regulations on the reproductive rights in our country,the realization of the reproductive rights of single women in our country is faced with the practical dilemma that it is impossible to apply human assisted reproductive technology and enjoy the treatment of birth insurance without marriage.At present,the research on single women's reproductive rights in the academic circle of our country mostly starts from the attribute of reproductive rights,and the research on single women's reproductive rights combined with the feminist legal theory is rare.Therefore,by defining the concept of single women's reproductive rights,analyzing the theoretical disputes related to single women's reproductive rights,combining with the core point of feminist legal theory and its specific application in solving the problem of single women's reproductive rights,and drawing on the legislative experience of single women's reproductive rights in and out of the field,it is particularly important to improve the legislative provisions of single women's reproductive rights in China.In order to improve the legislation of single women's reproductive rights in China,we should start from the following aspects: firstly,we should confirm that all citizens enjoy the reproductive rights at the constitutional level,and include single women as the subject of reproductive rights.The second paragraph of Article 49 ofthe constitution is supplemented and improved through the constitutional amendment procedure,and it is clear that the subjects of the right of birth and the obligation of family planning are all individual citizens.Secondly,according to the guidance of the constitution,the specific provisions of single women's reproductive rights are detailed at the level of laws and regulations.In the law of population and family planning,single women's reproductive rights is listed separately,which clearly stipulates that women who reach the legal marriage age,decide not to marry and have no children can bear a child by means of legal human assisted reproductive technology;in the general principles of the civil law and the future civil code marriage and family code,the subject,nature and right attribute of the reproductive rights are defined and specific content.Finally,we should improve the relevant supporting legislation of single women's reproductive rights.Cancel the provisions of single women shall not apply human assisted reproductive technology in human assisted reproductive technology specification and human assisted reproductive technology management measures,improve the legislation of birth insurance,improve the treatment of birth insurance,and avoid the worries of single women in all aspects from give birth,so as to ensure the reproductive rights of single women in China.