On Couples' Sexual Right

To humanity, Sexual love is significant physiologically, and more importantly play a key role in the establishment and maintenance of marriage and family. Couples'sexual right is what legal couples enjoy at the aspect of petition to sexual love according to the mutual relations. It is as the basis and core of right of identity in the marriage relationship, and its main content include absolute rights, such as the right of commitment, the right of artistic expression, and so on,but also the relative rights: Loyal right and cohabit right. By the nature of the rights, couples'sexual right is a kind of relative right of status, but also absolute right in a sense, as demonstrated by the exclusive of the husband and wife sexual right to third person.It is based on the nature, the exercise of the sexual right of the husband and wife must have certain limit, that one of husband and wife can act judicial separation, agreement limiting, and the natural constraints as exemption subject of exercising couples'sexual right. As the same reason, between husband and wife ,if one of the couple unreasonably refused exercising, it will be regarded as "breach"; if one of party force to exercise the rights , it will constitutes "violation", and if the third person and one of the spouses commonly infringe the right ,it will constitutes common indirect "tortuous act", they should take "joint liability for infringement" ,and if such acts are known to the public, which results for no-fault spouse's damage on reputation, which constitutes dual tort, the wrongdoer should take strict "joint tort liability."Bearing this responsibility, in addition to the form of compensating property and medical costs of personal injury, its main way is mental compensation. But it's main function is smoothing the victim's mental damage, in most cases, and also include making up for damage of exceptive interests which maintaining normal family can look forward, and if the amount of compensation was too small or time of compensation delayed, it is impossible for mental compensation to play such a role, and when no-fault spouse exempt the responsibility of who make mistakes, it does not mean that the third person's responsibility will be exempted. Even when the victim claim divorce compensation, the third person also could not claim exemption according to passing prescription of action. For the victim, rights of applying compensation is not only limited to themselves, but also can be extended to other affected families.To ourselves'regrettable , China's law relating to the couples'sexual rights is too vague and narrow, and the commodity economy Buffeted people's traditional family ethics, coupled with the "third party interference" ,leading to disintegration of the marriage spread growing. The author thinks, that connotations of couples'sexual right must be defined legislatively, and that marriage compensation system, in which fault spouse and the third person must be committed to liability during marriage or when divorcing, to safeguard the family's stability and social harmony.