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规范非婚同居已经成为我国婚姻法学界的共识,但同居中女性的健康权问题却被忽略了。在司法实践中,许多法官往往用侵权法规则来解决相关的法律纠纷,在现行的法律框架下,这只是一种权宜之计。女性在非婚同居中的健康权不仅仅是女性健康不受侵犯的一种私法上的消极权利,也是一种积极的权利,国家有义务通过相关法律制度来保障女性健康权,这一点需要通过尽快制定非婚同居的法律来实现。
Regulating non-marital cohabitation has become the consensus of China’s marriage law community, but the issue of the right to health of women living together is neglected. In judicial practice, many judges often use the law of tort to resolve related legal disputes, which is only an expedient under the current legal framework. Women’s right to health in non-marital cohabitation is not only a negative right in private law that women’s health is inviolable, but also a positive right, and the state has the obligation to ensure the right to health for women through the relevant legal system, which needs to be approved As soon as possible to develop non-marital cohabitation law to achieve.