On The Right Of Chastity In China

With social progress and people’s enhanced awareness of rights, people pay more and more attention to the enjoyment and defense of the sexual interests and the concept of Right of Chastity is put forward. But in the civil trial practices how to deal with the cases of infringement of the interests, it is a dispute whether the Right of Chastity is a specific personality in theory and in practice. So the research on the Right of Chastity has theoretical research value and practical significance. This article is to open with one case of Right of Chastity, first of all to analyze the connotation of chastity and the Right of Chastity and at the same time to point out the conception of the Right of Chastity and sexual autonomy in essence is the same. Then several academic points of view for the right of chastity as a concrete personality are listed, and illuminate the author’s viewpoint directly. And elaborates the mechanism of the right of chastity and the relationship between draw lessons from the legislation to protect the independent right of chastity with the development of human society, the theory of human right, several countries or regions, the right of chastity and others personal rights are analyzed. Finally, based on China’s personality right of legal practice of legislation proposed that our country’s judge shall have no right to create the right of chastity, and put forward from the spirit of damages in the judicial interpretation of the Supreme People’s Court on certain Issues concerning Determination of Liability for Compensation for Spiritual Damage Arising from Civil Torts and other personality interest angle to achieve aggressive interest behavior in our country’s legal aid, to solve the problem both in theory and practice.