A Study On The Legislative Protection Of The Reproductive Rights Of Unmarried Women In China

During the two sessions in 2019,Huang Xihua,deputy of the National People's Congress,put forward the proposal of "registering children born out of wedlock unconditionally",and further pointed out that all parts of China impose social support fees on unmarried reproductive behavior and restrict unmarried women's use of artificial assisted reproductive technology,depriving unmarried people of their reproductive rights.Relevant provisions should be abolished to fully protect the legitimate rights and interests of children born out of wedlock,including the unconditional registration of children born out of wedlock.The proposal has triggered a heated discussion on the reproductive rights of unmarried women.For a long time,the discussion on the reproductive rights of unmarried women has mainly focused on whether the reproductive rights belong to identity rights or personality rights,whether unmarried women enjoy reproductive rights,and whether it is necessary to legislate to protect the reproductive rights of unmarried women.On this basis,this paper combines the field social survey,draws on some research results of law,sociology and demography,mainly uses data analysis,case analysis,comparative research and other methods to discuss the system of unmarried women's reproductive rights.It is divided into five parts to discuss the problem,and puts forward solutions and ideas.The first and second parts,starting with the concept and nature of reproductive rights,answer the question of what is reproductive rights by comparing and analyzing the views of different scholars.Then it points out the dilemma of realizing the reproductive rights of unmarried women and the severity of protecting the reproductive rights of unmarried women in China through cases.It also discusses the necessity and feasibility of realizing the reproductive rights of unmarried women from the social and legal perspectives.The third part,through sorting out and comparing relevant legal provisions within and outside the domain,shows that the reproductive right of unmarried women is the trend of the times and the inevitable requirement of international integration.However,the current law of our country does not clearly stipulate whether unmarried women enjoy the right to bear,and the legislation of various localities is not uniform.Therefore,Through the comparative analysis of the domestic and foreign unmarried women's reproductive right legislation,this paper reveals the significance of foreign legislation on the construction of China's legal system on the reproductive rights of unmarried women.The fourth and fifth parts focus on the legislative protection of the reproductive rights of unmarried women in China.Firstly,starting from the basic framework of improving the legal system of reproductive rights,they provide the basis for the construction of the reproductive rights system of unmarried women.Then,according to the particularity of unmarried women's reproductive rights,this paper puts forward the details of legal system construction.Finally,on the basis of remedying the legal defects,the protection of the reproductive rights of unmarried women and the protection of the legitimate rights and interests of children born out of wedlock are considered,and the supporting system of the reproductive rights of unmarried women is improved to better guarantee the realization of the reproductive rights of unmarried women.