独身女性生育权的宪法分析-法律学专业论文.docxVIP

Abstract Fertility is a fundamental human continuity , traditional fertility patterns are achieved by men and women in marriage,reproductive rights has also been identified as a right.However, with the evolution of the marriage and family structure and the progress of artificial assisted reproductive technology, the traditional pattern of family is becoming increasingly obvious change,subject of the right to procreate is no longer limited to marriage under the framework of the men and women.New fertility culture |the open society and infiltration of foreign cultures has an impact on peoples life style,many highly educated, high-income, high-quality female choose to be alone with rejecting of marriage , but as a society they have the psychological demands and value which becoming a mother.How to ensure the reproductive rights of an unmarried women is not only a legal issue, but also a significant social problem.Current legal provisions on reproductive rights is very simple which does not involve single women reproductive rights，however single women have become a social phenomenon in modern society , they are increasingly eager to reproductive freedom.In 2002, the“Population and Family Planning Regulations on Jilin ”(here in after referred to as Jilin Regulations ) establishes that single women have the right to have children via assisted reproductive technology for the first time, which had sparked intense discussion in society .In 2013, the Population and Family Planning Management on Wuhan ( here in after referred to as Wuhan provisions ) draft proposed:if one give birth to child without wedding will be charged two times the social compensation fee ,female fertility problems under non- marital status sparked heated debate again.Reproductive rights have double the natural and social attributes ,Civil law and Tort law are unable to solve the problem of negative externalities brought by the single woman,this paper will analyze single women s reproductive rights in