From"hidden"to"dominant":Civil Law Protection Of Sexual Autonomy

Sexual autonomy is an independent and independent personality right.In our civil law system,this right has not been named and embodied,and there is no law that cl early defines sexual autonomy.This leads to the fact that when this right is violated a nd the law needs to be invoked to provide relief,there is no clear specific provision that can directly point to this right.Judicial practice often suffers from principled pers onal dignity,personality rights,or physical and health rights.Infringement and indirectl y protect it.The civil law protection of research autonomy can provide important theo retical support for the protection of sexual autonomy in our civil law system.Sexual autonomy refers to the right of natural persons to express their own sexua l will and to control their own sexual interests without being forced or interfered by others without violating the law and public order.The object of the right to sexual au tonomy is sexual interest,and the content of the right is the right of rejection,choice,and promise.Focusing on the judicial practice of the protection of sexual autonomy,most judg ment documents use the "right to life,health,personality" or general personality to pr otect the sexual autonomy of the right holder from being harmed "hidden".However,this practice is actually a judicial move to face the blank of legislation and nothing to do.This kind of "hidden" protection is not conducive to the protection of personal di gnity,does not meet the requirements of judicial standardization,is not conducive to t he maintenance of social order,and is not conducive to the role of the normative role of law.In the history of the Chinese nation,there has never been such an era of ther ule of law today."Rights" have never been as deep into the lives of ordinary people as they are today.This is an era of rights.When more and more people choose to us e legal weapons to defend their rights,the issue of civil law protection of sexual auto nomy is urgent.At present,China's civil legal system needs to develop and improve as a scientifi c civil law system.For example,the single-line method involving some areas of civil life does not form an organic connection.The decision to compile the Civil Code ma de by the Fourth Plenary Session of the 18 th CPC Central Committee became a new historical opportunity for the formulation of the Civil Code.Grasping the historical op portunity of the present-compiling the civil code,so that the civil law can better pl ay its important position in the market economy system,and also reflects the current frontier level of the academic development of China's civil law.The compilation of th e Civil Code complicates the legislative loopholes and also eliminates the contradiction of legislation.Promote the development and improvement of the current civil law syst em in the direction of advanced thinking,complete systems,and harmonious rules.Th e issue that the legislature considers in the compilation of the Civil Code should alsobe in the Chinese context,how the Civil Code should maximize the significance of it s rule of law.On the occasion of the compilation of the Civil Code,it is the best op portunity to protect the sexual autonomy with the “dominant” protection of the gene ral provisions of the Civil Law and the specific provisions of the specific rules.