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随着医学科技的发展,当变性的要求成为可能并能够实现后,在中国曾被看作是对传统伦理道德之挑战的“变性”已经为越来越多的人所接受。而作为一个持“社会应该更加宽容”观点的法律人,本文关注更多的是实施变性手术后变性人的权利和义务。目前,我国在有关变性人立法方面存在较大面积的空白,比如婚姻关系,家庭关系,工作就业等等方面。本文通过对国内外有关变性人的立法作相关的比较,初步探讨了应如何在立法领域对他们的合法权益做出保障,以更好的维护人权,进而促进社会和谐发展。
With the development of medical science and technology, “degeneration”, once regarded as a challenge to traditional ethics in China, has been accepted by more and more people when the demand for degeneration becomes possible and achievable. As a legal person who holds the view that “society should be more tolerant,” this article focuses more on the rights and obligations of transgender people after implementing transsexual surgery. At present, there is a large area of blank in legislation concerning transsexuals in our country, such as marital relations, family relations, employment and so on. By comparing the domestic and foreign legislation on transgender people, this paper discusses how to protect their legal rights and interests in the field of legislation in order to better safeguard human rights and promote harmonious development of society.