Civil Law Protection Of Sexual Autonomy

Sexual autonomy is spiritual personality right,and sexual right is a personality right that spans material personality right and spiritual personality right.Among them,physical personality right,sexual health right,sexual physiological carrier right,etc.The object of sexual rights is sexual interests,that is,interests related to sex.The benefits associated with sex lie in the overlapping benefits of body and health.The object of sexual autonomy is the self-determined interest related to sex,which is the independent personality interest.On the one hand,there is no overlap between the interest and other rights,which is also the important reason why sexual autonomy can be independent into rights after the benefit theory of emerging rights type proves.The reason why the theory of sexual autonomy is advocated is because of the new situation in the civil judicial practice.With the opening of people’s sexual concept,some people with bad intentions cheat each other by the name of love or marriage,so as to infringe others’ sexual autonomy.The embarrassing situation of judicial judgment with different case is often seen in civil judicial practice.The causes of the system behind it are: the absence of civil legislation rules on the whole,the different causes of judicial adjudication;In terms of the specific civil system,there are also some problems,such as vague provisions of sexual harassment law,lack of relief path for marital sexual assault,blank legal basis for the responsibility of sexual assault on males and minors,vague provisions of judicial interpretation of mental damage compensation for rape crime,and difficult identification of sexual relations by fraudulent means.In this regard,the main measures to improve the protection system of the civil law of sexual autonomy are as follows: in the civil system as a whole,sexual autonomy should be established as the specific right of personality,and sexual autonomy should be the unified cause of judicial judgment;In the specific system,sexual harassment should be included in the clause of sexual autonomy,the marriage and family regulations prohibit marital sexual assault,the subject of sexual autonomy and their behavioral capacity should be made special provisions,the mental damage compensation of rape crime should be clearly stipulated through judicial interpretation,and the sexual fraud should be judged according to whether the sexual autonomy is respected.