生孩子,谁说了算?这个问题搁在几十年前,答案是男人说了算。那时,生孩子被认为是女人天经地义的责任,“给男人生个孩子”成为她们表达爱意和忠诚的第一方式。在这种思维下,有些女人甚至沦为生育工具,身体不断地跟着男人的指挥棒转。1992年,《中华人民共和国妇女权益保障法》颁布,女人这才知道,原来生孩子不是责任,而是权利,自己有生育的自由,也有不生育的自由。从此,生育格局被打破,要不要生孩子,不再由男人一个人说了算—想要孩子?那得女人也点头才行。虽然法律同样保护男人拥有后代的权利,但因为这种权利需要通过女性来实现,两者意见不统一时,战争也就在所难免。2010年11月,最高人民法院发布了关于适用《婚姻法》若干问题的解释(三)征求意见稿。在意见稿中,一度引发夫妻战争的生育权问题得到了重点解释:夫妻因为生育问题导致感情破裂后,法院应当准许离婚;妻子擅自流产,不侵犯丈夫的生育权,丈夫无权要求赔偿。这份意见稿的出台引发了社会的极大关注和讨论。有意思的是,女人不满,男人也不爽。女人担心男人多了一个离婚的借口,男人则愤慨自己的生育权被无情剥夺。生育权究竟是怎么回事?夫妻的生育战争是如何打响的?法律又会给出什么样的解读?先听听她们的故事吧。 Children, who have the final say? The problem put aside a few years ago, the answer is that men have the final say. At that time, giving birth to a child is considered a natural and just responsibility of a woman, and “giving birth to a boy” becomes their first way of expressing love and loyalty. In this thinking, some women even become fertility tools, the body continues to follow the men’s baton. In 1992, the Law of the People’s Republic of China on the Protection of the Rights and Interests of Women was promulgated. Women only realized that having children was not a responsibility, but a right to own their own freedom to procreate and to have freedom to give birth. Since then, the birth pattern has been broken, or not to have children, no longer by a man alone - want children? That woman also nodded. Although the law also protects the rights of men to future generations, because such rights need to be realized by women, the war is inevitable when the two opinions are not uniform. In November 2010, the Supreme People’s Court issued an explanation on some issues concerning the application of the “Marriage Law” (3) The draft for soliciting opinions. In the draft opinion, the issue of the right to reproductive rights that once triggered the war on husband and wife was given a key explanation: the court should allow divorce after husbands and wives ruptured their relationships because of childbirth problems; their abortion did not infringe the husband’s right to reproductive rights and her husband was not entitled to compensation. The introduction of this draft issued a great deal of attention and discussion in society. Interestingly, women are dissatisfied, men are unhappy. Women worry that men have more an excuse for divorce while men indignantly deprive their own reproductive rights. What is the right to reproductive rights? Couples’ birth war is how to start? Law will give what kind of interpretation? Listen first to their story.