Research On Sexual Rights

In a sense, the history of human is the history which carried on suppressing to the sex, the idea which take the sex as the crime, the calamity and the shame flooded in the process of the development of human's history. Therefore, There is no condition in which the〝sexual rights〞can live in the traditional law theory and the practice of law. In the modern society, along with the enhancement of the level of social productive forces and the improvement of the people's quality of life, the proportion of sex life is more and more highlighted in the people's everyday life. people are〝sexual〞day by day. With the development of idea of freedom and democracy of people, The sex is being"equal〞﹑〝autonomy〞﹑〝contract〞in the modern society. In short, Sex is being right. The people are being "sexual" and the sex are being "right" which provided the impetus and supporting for the development of theory and practice about〝sexual rights〞in the contemporary.That has been proved by the reality of china .Since reforming and opening up , the market economy has in-depth developed, the democratic politics has advanced with steady steps, the social has been in long-term peace and in good government, the stand of people's living has been greatly improved, the society is becoming equal and multi-dimensional day by day. The people start to pay attention to the sex and they have ability and energy to pursue and manage the sex. The proportion of sex in the lives of people is highlighted day by day. The multiplication tendency of demanding to sex and the sexed act is forming. The reality of china and the tendency of times present a challenge to the China's current legislation about sex. Being influenced by the cultural inertia of taking sex as "disgrace" and "crime" in the traditional agricultural society and being impacted by the aftermath of asceticism revolutionary in the conditions of the planned economy, China's legislation and practice about sex is also subject to the totalitarian control of the dominant way of thinking In the current, Therefore, it established rules by taking people's responsibility and people's obligations as the center. Deafening the sex is more than protecting it. Various needs of sexual rights of people can not be timely reflected in legislation, in practice all kinds of〝sexual rights〞can hardly be protected. Facing with this social reality, we have to use other country's legislative experience basing on our country's condition, and study on systemticly sexual rights. Therefore, it is our time's topic to by taking sexual rights as a guide to reflect thoroughly the concept of the China's sexual conduct legislative in the current. In addition to the introduction and the conclusion, the full text is divided into six chapters.The conditions of cornerstone of forming sexual rights were described in Chapter 1. Whatever to the human individual or to human society sex is essential? For the individual, it is the means to proliferate future generations ;it is the way to achieve happiness and healthy; For the society, sex is one of the core elements of two ways o f production; it is the bonds which linked the basic social relations and it is " the original elements " which derived from human social order. It is because the freedom in the sexual area is of foundation significance to the freedom in the whole area of mankind, the confusion of sexual order often results in the order of the entire rule overturning, The interests concerned in sex of the people is the most important and fundamental interests, so in the history of mankind the ruling clique launched the various forces to repress sex in all directions. Therefore, sex is undoubtedly scarce in the society of human. "Importance" means that sex is an essential interest of the people; "scarcity" indicates the level that the people demand the sex. That guarantees the necessity to define and protect the sex, so they are cornerstone conditions which made the sex become one kind of rights.The evolution of the idea about sexual rights and its development context were reviewed and sorted out in the second chapter. The growth of the idea about sexual rights go through a maturing process from infancy to ripe, It's actually ,this is a process that is gradually progress from aware to ideas about the sexual rights. The evolution of this process was impacted by the way of social life, the mainstream ideology, and the ideas in various periods. Subject to various conditions, in the pre_ modern society, the idea of sexual rights could not develop into a systematic philosophy, or it only be described as a simplistic sense or concept. In the modern society mature market economies, developed democracy and mature humanism thinking that provided superior development conditions for the sexual rights; Feminist movement, the development of science and the advance of the revolution all that has provided support for its development momentum. When the history of mankind came into the 1970s 20th century, the terminology and discourse about the sexual rights was produced and used universally that marked the idea of sexual rights increasingly mature, the concepts of sexual rights are becoming more and more comprehensive. (Declaration on Sexual Rights) adopted on the 14th World sexuality General Assembly in August 1999 is an important symbol which marked the mature of the concept of sexual rights.The reasonable basis about the sexual rights was interpreted in chapter III. From the point of view of human nature, sexual rights stems from the demand of human nature which rooted in the needs of a pluralistic sexy animals in the natural impulse. Mankind is ultimately not an ordinary animal, but rather an intellectual and thinking of the animals, That determines that the needs and impulses is not necessarily the kind of simple animal physiological machinery response, but a more active ,more senior pursuits to the kind of happiness and well-being . On a social perspective, the socio-economic conditions and the development of practice played a significant role in promoting or constraining the concept of sexual rights, even sometimes that role is. This decisive role of socio-economic conditions embodied specifically in improving of the standard of living, the changing of lifestyle and the development of science and technology, and so on. Only must we pay full attention to these two factors in sex legislation we can make it vitality and reasonable.The ontology of sexual rights was explained In Chapter IV. Sexual rights are the collective rights that caused from the sexuality of human, Related to sexuality, dealt with a person's freedom, equality, the pursuit of happiness, and exempt from violations. It is a complete system of sexual rights that was composed by the right of sexual freedom, the right of sexual autonomy, the right of sexual integrity , the right of physical safety related to sex, the right of sexual privacy, the right of sexual fair, the right of pursuit to sexual happiness, the right of sexual expression, the right of free association sex, the right independently responsible for choosing reproductive, the right of sexual information based on scientific investigation , the right of sexual education completely, the right of sexual health, and so on . From the historic level, the legitimate of it is a process that rights are transforming from the right to development, the process is a logical reunification that is the claiming to interest, the achieving agreements, the legal realizing. From synchronic level, sexual rights provisioned or implied in the legal norms, with both negative and positive form, it is reunification between negative sexual rights and positive sexual rights. The establishment and protection of the sexual rights should follow the principles of limiting to right and presuming on right.The basic operating path of the sexual rights was interpreted in Chapter V. In modern society, the sexual rights were recognized and protected by the law by two paths of the real "tolerance" and "no" , the law is growing tolerant in the treating sexuality which does not preclude others and reach a consensus , but it is growing stringent in the treating the violent sexuality and the sexuality which violate others. From a global perspective, in this process, people can be more open space, premarital sexuality and extramarital sexuality were acquainted, pornography market was liberalized, all kinds of abnormal sexuality is acceptable; Then the regulations on sexual abuse are increasingly stringent and the protection on the unripe becoming increasingly perfect.Behind the process the sexual rights is on the rise and stronger China's contemporary sex legislation was interpreted and criticized from the perspective of the rights in Chapter VI. The regulation that is "husband and wife should be mutually faithful," and "people with spouses prohibit cohabitation with others" may remove the requirement of the sexual rights of people in the day when premarital sex and extramarital sex has become increasingly popular. With the improvement of people's living standards, in advance of maturity, the possibility of sexual combination is advance, therefore, under the circumstances that the age of legal is generally high in our Marriage Act , the possibility that fact marriage was caused has been increasing , completely denying the fact marriage in our legal runs counter to the practice and reality; under the circumstances that the sexual abuse targets is defined only the female legal , the sexual rights of man couldn't be protected; at the premise that the intercourse is defined only men and women with genital marry by the legal but under the guidance of the joy, the way of sexual intercourse is diversified today; under this circumstances all kinds of sexual intercourse violating the will of the victims outside of the anal sex, oral sex, the use of tools have not been identified as a rape or rape accomplished, that is not conducive to the protection of victims; the thinking of "marital rape a crime," has not been carried out in legal and practice, and that made many women's sexual freedom in marriage fail to get good protection; the provisions on the crime of undermining military marriage in our country's criminal law and the special protection to military Marriage in the marriage Law restricted on the freedom of choice of non-military side , that goes against the spirit of equality; in desired, today without prejudice to other people's consensus sex , the conditions and scope of application about debauchery crimes and violations of assembling people to debauchery in large numbers must be strictly limited, but it is not due to the restrictions in China's criminal law and Act on the Punishment of law and order ; today the print, audio-visual, networking, information technology increasingly developed, the demand of pornography is growing universalize. It is neither possible nor feasible that the dissemination of pornography is completely prohibited regardless of class, regardless of age; and that violated the right that citizens appreciate sex and accesses to sexual information; in the crime of rape and other sexual abuse between the parties, it is the deprive of the parties of sexual autonomy that the handling of disputes is handled monopoly by the state and reconciliation is completely excluded.It is the new idea of our party in governing and rejuvenating to build a socialist harmonious society, it is a basic target of development of our country in new historical stage. Harmony in harmonious society is not a partial harmony, but the overall harmony, and therefore the building of a harmonious society is not isolated projects. Sex is essential whatever to the human individual or human society, it constitutes the basis of the impact to personal and human society and these can be the basis for the center to the social all aspects of radiation. Therefore, the sexual problem is an issue that it can not be ignored in the concept of a harmonious society. It is an important sub-project to construct a harmonious sexual relationship in the overall project to build a harmonious society and the sexual rights is the core elements that we build a harmonious relationship. The sexual harmony that is built Sexual from the center of sexual rights should be the harmony between the sexual rights of male and female, should be the harmony between the normal sexual behavior and the "abnormal" sexual behavior , should be the harmony between the experience of "China" and the experience of "world " .