On The Protection To The Right Of Chastity In Civil Law

The right of chastity is a basic right of personality of the physical person. The research of the right of chastity is a new program in the field of the civil law. To study the right of chastity from a viewpoint of the civil law and how to protect the right of chastity are its characteristics. The right of chastity, as a basic right of the physical person, is a kind of right that the physical person self-determines either his/her own sexual behavior or other behaviors related to sex within the scope of the law rules so that he/she dominates his/her own benefit of chastity independently. With the help of the analytic viewpoint of the history and the sociology, the basic problem of the chastity and the right of chastity is discussed on the background of the far more extensive knowledge compared the civil law. It clarifies the way of the right alignment of the chastity to distinguish the common sense idea which was formed for a long time. The comparison research of the right of chastity, the consortium, the right of body, the right of reputation and the right to personal liberty further confirmed that the right of chastity is a kind of independent right that can fully sum up the material levels and the spirit levels of the physical person. The right of chastity should be have an independent field existed on the civil law. The widespread existence of the sexual crime phenomenon decides the great significance and the social effects to study the protection to the right of chastity in civil law. The comparison on the various laws of the protection to the right of chastity and the present conditions of the administration of justice between foreign country and China, is a systemic investigation to the protection to the right of chastity in civil law from the view of comparison. The conclusion of the investigation shows: among the three ways of the protection to the right of chastity in civil law (direct protection, indirect protection and brief protection), direct protective method, that is, confirm the right of chastity as an independent civil right to give it the protection of the infringement behavior, holds in highest esteem. The drawbacks which existing in the protection to the right of chastity in the current law of our country urge us to self-examined deeply. And put forward coping measures on how to overcome these drawbacks. The behavior that violates the right of chastity is to disobey the others will and have sexual behavior and other behaviors involved in sex. In the real world, the behaviors to encroach on the right of chastity have the forcible rape, seduce immature maiden and children, obscene and force others into sexual intercourse, etc. There are four main items to constitute the civil responsibility of encroaching on the right of chastity. There are, the behavior to violate the right of chastity, injurious facts, the cause and effect relation between the behavior to violate the right of chastity and injurious facts and subjective fault to do harm to the obligee. The characteristics of the act of infringement to the right of chastity and the property and the compensation of the protective methods of civil law decided that the compensation for damage is a basic method in the legal protection to the injured person of the right of chastity. From a legal right to a real right, the right of chastity is decided by its realizable procedure. If the behavior to violate the right of chastity is only an act of infringement of non-pertaining to crime, or it can not resolve the civil case to relieve in court procedure of pertaining to crime of the right of chastity, the plaintiff can bring up a civil lawsuit to resolve the problem of its civil aid according to the civil procedure. If the behavior of violating the right of chastity not only constitutes the civil trespass, but also constitutes the criminal act, it can apply the civil case collateral to criminal procedure to confirm the criminal defendant's civil responsibility so that it can succour the injured person. Within the scope of the request to bring mental damages for infringement into the civil case collateral to criminal procedure, it's sure that the injured person of the right of chastity can bring up the civil case collateral to criminal procedure for the mental damages for infringement. At the same time, the mode operation of the civil case collateral to criminal procedure should be perfected, and the juxtaposed relationship of the two big litigations should be built up. The change of people's idea and the consciousness of individual rights gradually deep going people's heart, requesting that the right of chastity is affirmed an independent civil right and has the law existence. At the inner part of the civil law system, the right of chastity should be given the law position and the space as it should be have.