Research On The Civil Law Protection Of Sexual Autonomy

At the present stage,comprehensive and systematical laws and regulations about “sexual autonomy” is still lacking.Many status and regulations about it are dispersed in public law,such as constitution law,crime law and security administration punishment law.There are barely any status and regulations in civil law.Civil law,as the most basic law to protect civil rights,not only didn't it play a dominant role,but keep avoiding it as well.In recent years,as sexual harassment and other violations of sexual autonomy occur frequently,the academic and public are also gradually aware of the importance of applying the law to protect sexual autonomy.By analyzing the cases in legal practice in our country,I believe that it's necessary and feasible to establish sexual autonomy as a specific personal right.This paper is mainly through the following ideas.The first part is to legally identify sexual autonomy.firstly,analyzing the debate over the name of rights in the academic circles.There is a great controversy in academic circles about whether to use “sexual autonomy” or“chastity” as the right name.In this paper,the author proceeds from the angle of fully protecting the obligee in an all-round way and compares the advantages and disadvantages between “sexual autonomy” and “chastity”,and finally come to a conclusion that we should use “sexual autonomy” as the name of the right.And elaborate why we should use the name of “sexual autonomy” as well.Secondly,define the content of sexual autonomy.On the basis of grasping the essence of the right of sexual autonomy,the author defines the content of sexual autonomy as the following two contents: the right to decide and the right to maintain.In the second part of this paper,the necessity of establishing the right of autonomy as a specific right of personality is discussed in combination with the existing laws and judicial cases.Firstly,from the perspective of public law and private law,this paper analyses the shortcomings of the protection of sexual autonomy in China's current laws.There are mainly the following defects in public law: the protected subject is narrow,the scope of protection is too limited,and the compensation for mental damage can not be obtained according to relevant laws.Private law mainly has the following defects: blank legal provisions,insufficient protection of general personality rights,other specific personality rights can not cover the content of sexual autonomy.Secondly,it provides legal path to solve the above shortcomings.After a comprehensive analysis of the above shortcomings,the author believes that in order to solve the above shortcomings and fully protect the obligee,it is necessary toestablish the right of sexual autonomy as a specific right of personality.The third part of this paper analyses the feasibility of establishing autonomy as a specific right of personality.Firstly,use the methodology of comparative law,mainly analyses the successful legislative examples of German law and Taiwan “law”,in order to provide references for establishing sexual autonomy and specific personality rights in the region.Secondly,use the methodology of theoretical research.So far,There are a large number of theoretical studies support the establishment of autonomy as a specific right of personality,which further proves the feasibility of the legislative concept.Thirdly,use the methodology of Judicial practice research.By means of case analysis and visualization,analysis the court's attitudes towards sexual autonomy in the judicial practice.And the court in most cases are supportive of the autonomy,further proves that the legislation is feasible.The fourth part of this paper is to put forward legislative ideas for the protection of sexual autonomy in China.Combining with the actual situation of our country,the author believes that the civil protection system of sexual autonomy should start from two aspects:confirmation and protection.First of all,to write the autonomy in the "Civil Code" in the right of personality,the autonomy will be established as a specific right of personality.Secondly,in the aspect of protection of autonomy,and to establish the tort law and criminal law protection coordination mechanism.