On Autonomy

The right to sexual autonomy is an important right of personality, which is a qualification of being a man. However, there is no specific provision in our civil law. Even some justiciary offcials avoid hitting the core in their work, whereas, more and more cases of infringing the right of sexual autonomy come out in real life and bring great challenge to the legislation and judicatory. Academic discussions on this issue focus on only one aspect, like sexual harassment and marital rape, etc. It neither explains the definition nor nature of the right to sexual autonomy nor analyzes the contents and various infringements of the right to sexual autonomy in the deep side.This dissertation makes a comprehensive and thorough analysis and discussion on the right to sexual autonomy on the basis of the comparison between domestic and oversee legislation and justiciary practices, and the inter-reasoning between the theories and the cases, which will benefit to our legislation and justiciary practices.Firstly, the author defines holistically the nature of the right to sexual autonomy from the angel of the right of personality, and analyzes the contents of the right to the sexual autonomy.Secondly, the author introduces and dissertates the violations of the right to sexual autonomy one by one by the means of the combination of the theories and cases. The cases are used to illustrate the theories, while the theories are used to analyze the cases, and the development of the present justicary practices in our nation has also been introduced in this dissertation.At last, in the part of the tort liability, the author discusses that the vicarious liability on the enterprises, the distribution of the burden of proving and the mental damages in the violation of the right to the sexual autonomy.The outstanding features of this dissertation:I. This dissertation holistically reasons the nature of the right to sexual autonomy according to the scholars'Proposals on the Draft of Civil Code on the purpose of perfecting the legislation.II. Besides the theoretical study, this dissertation employs the combination of the theories and practices, quotes and analyzes a lot of the cases both home and abroad so as to make a more scientific conclusion.Ⅲ. This dissertation includes the third party's intervention to the right to sexual autonomy into the violations of the right to sexual autonomy, which is the author's original idea.