The Legal Analysis On Fundamental Problems Of Sexual Autonomy

At present,the problem of infringing sexual autonomy in China is serious,the number of infringement cases is increasing,and the infringement methods are various.Although the problem of infringing sexual autonomy is serious,China's current legislation has not clearly stipulated sexual autonomy.So it cannot provide effective legal basis for victims protecting their legitimate rights and interests,leading to the embarrassing situation where infringement cases are frequent and protection of victims' rights and interests is insufficient.The research on the basic theory of sexual autonomy has rarely been involved in academic circles.The content and the nature of rights are still inconsistent,and the research on the subject of rights,sex enforcing capacity,and restriction conditions of the enforcing rights is not sufficient,which provides the necessity for the research on the basic theory of sexual autonomy.This article includes a total of five parts,focusing on the right nature of sexual autonomy,the subject of sexual autonomy,the ability of enforcing sexual autonomy,the restriction conditions of the enforcing sexual autonomy.The introduction.This part briefly introduces the background and significance of the research,sorts out relevant research results and current status of legislation within and outside the domain,and proposes research ideas,research methods,and innovations for this article.The first chapter is an overview of sexual autonomy.This chapter defines and clarifies the connotation of sexual autonomy by analyzing the differences between sexual harassment and sexual autonomy.It also determines the content of sexual autonomy by analyzing the different opinions about right contents that held by different scholars.The second chapter is the right nature of sexual autonomy.In this chapter,through comparative analysis,sexual autonomy should be civil right,personal right,specific personality right and independently specific personality right.Besides,thebasic path of China's sexual autonomy protection is analyzed in combination with China's current civil judicial practice.The third chapter is the subject of sexual autonomy and sex enforcing capacity.The subject of sexual autonomy is natural persons.Based on the particularity of the physiological characteristics of specific subjects such as transsexuals and bisexuals,their gender must be identified in law to determine their sexual autonomy.Sex enforcing capacity involves two aspects: one is age,and the other is intellectual and mental status.In terms of age,through a comparative analysis of domestic and foreign legislation and academic research results,it is suggested that the age of civil sexual consent in China is 16,which is more appropriate;in terms of intelligence and mental status,sex enforcing capacity of the disabled and mentally ill is identified according to cognitive ability.The fourth chapter is restriction conditions of enforcing sexual autonomy.Freedom is relative,and the enforcing of rights must be restricted to a certain degree.This chapter analyzes and discusses from four aspects: first,the subject of the right must have sex enforcing capacity and enforce it in person;second,the effective consent must be obtained;third,the basic ethical and moral requirements must be met;fourth,law regulations and public order and good customs can not be violated.