On Autonomy

Our country's law directs on right of sex freedom protection for a long time mainly adopting the public law. The criminal law stipulates criminal sanction for rape, the administrative law gives an administrative punishment to such behavior as rogue. To the right of sex freedom, but in civil law, there have not articles about the protection on such civil right, neither the spirit compensation for damages, which is a very big hole in fact. Our Civil Law has listed rights such as healthy right, full name right, portraiture right, right of reputation, right of fame only in the field of personality right, but have not express right of sex freedom, neither the right of general personality yet. This is criticized as a legislation shortcoming, and a representation of unbalanced protection of rights. In order to protect the person's right of sex freedom from encroachment and to give effective civil relieves to the hurt person, It is necessary to write the right of sex freedom in the personality right legal system. The detailed woke is blow:First, " right of sex freedom "should be protected as one kind of independent personality right. The civil law and relevant judicial interpretation have not explicit stipulation about right of sex freedom, but we can conclude that" right of sex freedom " is an in dependent personal right by theoretical analysis. The regulation of" right of sex freedom " in effective law should combine with the civil legislation, so the right could be protected in all-direction, the trend attaching importance to protection personality sets off from civil law legislation principle and actual judicial practice currently in effect, the positive law to be a basis, to work out the special legal norm thereby in civil law protecting in every country.Secondly, the law should broaden the range of spirit compensation for damages, for the behavior of encroaching right of sex freedom, the spirit indemnity is fundamental and mainly method of relief. But to the civil law, the scope of spirit indemnification is narrow, the breach of the lawmaking will influence normal judicatory litigation, so we should make up the defect and shortage of current written laws, to protect overall the right of sex freedom. Finally, in the aspect of right of sex freedom, the civil law should coordinate with other law. Protection to sex independent power of the our country's law should be all-directions and all angles, except to claim the pubic relives of criminal law and administration law or conduct civil prosecution in the court, it should also realize international protection of the right of sex freedom. Only in this way, citizen's sex right could be protected effectively. This article to our country judicatory with the civil case means protects the sex independent power carried on method up of the first step investigate, think the distance that should draw near our country and other nations to protect in the personality power.