The Protection Of Sexual Right In Civil Law

With the continuous development of society,people's material living standards have been greatly improved,awareness of rights becomes gradually stronger as well as their spiritual demand is also increasingly diversified.'Sexual' is no longer the words that carefully conceal and mentioning,people taking more rational and objective view graze it.The declaration of sexual rights was adopted in the 14th sexology world congress in Honkong,1999.It has a lot of definition of sexual rights should be deliberated and has none substantial legal effect,however,it declare sex right as the basic and universal human rights and making great efforts on protecting sex right promoting sexual health around the world is undoubtedly positive meanwhile it will also have a greater impact on our sexual law,sexual morality and sexual concept.Apparently,as a basic human right,sexual rights have not been fully protected by civil law.In recent years,sexual harassment and sexual assault cases occurred frequently,however,on account of lacking sound legal remedy mechanism,the legitimate rights and interests of victims are not able to be protected effectively.We should definitude the legal status of sexual rights and perfection the relevant relief mechanism as soon as possible.This paper adopt literature research method,investigation method,comparative research method,case study method,from the perspective of civil law,study and discuss the connotation and denotation as well as property of sexual rights,status of domestic and international legal protection,existing problems on civil protection and suggestions relate to haw to solve these problems four aspect.The first part is focus on the concept of sexual rights,nature,characteristics,subject,rights content,object,etc.The second part will summarized current situation of the sexual right legal protection on domestic and international.The third part will list few typical problems in the practice of civil protection of sexual rights in China.The last part will provide some rational suggestions on how to integrity civil sexual rights protection.In my own opinion,the right of sex belongs to the category of civil rights and belongs to the personality right however it cannot be absorbed by the general personality right it should have an independent legal status as a specific personality right.During the analysis procedure I'm sure that sexual right is not only a material rights,but also a kind of spiritual rights,which means it should contain right of relief besides the autonomy and equality right.In considering the current civil law and better integration I insist in the sex behaviors part,we should use classification of civil law on the civil capacity,sex behavior ability should be divided into completed sexual behavior ability,limited sexual behavior ability and without sexual behavior ability.The perfection of the legislation on the protection of the sexual rights should be based on the protection of civil law,which suggests that the right of personality should be independent and should pay more attention on protecting men's and homosexuals'sexual right.In judicial practice it mainly deals with the exercise and protection of sexual rights during the period of marriage,as well as the compensation for damages in sexual assault cases.