On The Legal Protection Of Woman's Sexual Right

In the 21st century ,woman begins to pursue more sexual right liberation. However, woman's sexual right,---one of the basic human rights, is not so heavily emphasized in the law as women expects.This paper expounds woman's sexual right at the angle of law and histoiry,and reveals the present situation of the protection of woman`s sexual right, aiming at exposing the reason why woman can not enjoy sexual right fully at the angle of law,history and social culture. Being eqnal in sex is the basic of realizing woman's sexual right. But nowadays,even though man and woman are announced to be egual in the publiclaw, at many cases,woman's sexual right is still derogated and punished because of sexual discrimination .Begining with the law of sexual discrimination,this paper explains the sexual right in private sphere,the extramarital sexual affairs,and the compelling sexual affairs in marriage,and the base of marriage,at the end,it makes a conclusion that the announcement of sexual equality in law can not eliminate sexual discrimination and protect woman's sexual right. This paper doesn't discuss woman's sexual right at the angle of law,but chooses some special angles to explore why woman nowadays fails to enjoy sexual right fully. Firstly,at the angle of Anthropology and sociology, it explains the origin of sexual right and its legal frame. Secondly, it explains the relationship between sexual right and nation's power.at the angle of sexual equality,then it connects the protection of wman's sexual right and the principles for nation's public power to involved into law .Thirdly, on the basis of explainning the origin of rape in marriage,and it reveals the historical reason of rape in marriage ,and it also expounds the basic princiales and methods to protect woman's sexual right at the angle of the law of international human right's protection .Fourthly, on the basis of sexual characteristics in marriage, it gives a detailed explation of the basis frame of the extramarital marriage,and it tries to reveal that nowadays woman is still oppressed and enslaved in sex in the tradiztional marriage and the policy of new birth liberation'will bring new hope to woman's sexual liberation Fifthly, since the extramarital sex act---one of the most common . sexnal tort in the modem society , hurts woman's emotion and dignity much more deeply than the rape in the marriage , then this paper proves the harmfulness of extramarital sexual behaviour at the angle of social reality and law's reality , and it also puts forward legal proof for protection of woman's sexual right . Guided by the theory of knowledge in dialectical materialism , using the comparative methods , the methods in law and the methods of sociology , this paper analyzes and criticizes woman's loss of sexual right on the basis of other's research results. It emphasizes that it needs to have a more fully reform in the public aspect and personal aspect of woman's legal frame . and eliminate the cultural idea of sexual discrimination . in order to protect woman's sexual right . And it also points out that it's still a long way to go in the research of protection of women's sexual right.