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The Right Of Chastity And It’s Civil Remedies

Posted on:2016-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q LvFull Text:PDF
GTID:2296330503453267Subject:Law
Abstract/Summary:PDF Full Text Request
September 2014, People’ s court in Shanghai Pudong, made a decision,which let the right of chastity soonly became a topic when people chatting. The legel research on the right of chastity, which cannot be regarded as a new issue。However theoretical research and recognition of the right of chastity and how to protection it,which cannot be founded in civil law,there is no one legal term which clearly called " chastity rights", no matter what had specific system be adjusted。So,is that right if a judge put the “right of chastity”in a case?The right of chastity is such a right which a bit relates to human feelings, nature, dignity, physical,emotional needs and mental health 。The medias had reported some cases which violated the right of chastity, I also believe that there will be more similar cases in real life which should be care about. But my problem is that how should the law be pay attention to, from the point of moral or from the point of law ? is it necessary to making a legislation or finding other ways to instead. How do you chosse When the boundaries are so blur between ethical and legal?This paper discuss the right of chastity from four parts. Firstly, the basic issue of the chastity and the right of chastity, such as it’s inside, outside culvert, nature, characteristics, legal issues and ethical issues. Secondly, the comparison on the various laws of the protection to the right of chastitystarting from comparative analysis,first, through a comparative analysis with other border-related rights chastity rights, such as sexual autonomy, such as the right partner, the right to adequate virginity generalize from the material and spiritual level, and second, through a comparative analysis of Chastity Right domestic and foreign(overseas) protection and judicial practice, imperfections relief virginity civil rights of introspection. Finally, make a proposal about how to improve the way to protecting right of chastity.
Keywords/Search Tags:the right of chastity, rights, moral, remedies
PDF Full Text Request
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