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1、 Briefly on the legal protection of the marital sexual autonomy explore Abstract legal protection of marital sexual autonomy deepening originated in the legal theory on personality rights and international human rights treaties “domestic violence” in the traditional sense of the detailed interpretat
2、ion of Chinas legal tradition of the existence of the family as dualism in the field of the frame of reference, “family autonomy and privacy barrier against sexual autonomy marital behavior of long-term drifted outside the field of view of the law, and even some degree of social acceptance. combined
3、, in the mindset of the people, “has long been considered to be the most private and ineffable areas, which also indirectly caused by the re-laissez-faire of the law on this particular infringement in the form of paper in marital sexual autonomy infringement based on the type of treatment, to explor
4、e how the intersection in the sight of the inter-departmental law, to find marital sexual autonomy legal protection fit. Paper Keywords autonomy marital rape marital sexual abuse sexual violence domestic violence Marital sexual autonomy law aphasia Sexual autonomy is the natural person to maintain t
5、he good behavior of their sexual purity, concrete personality of the dominant interests in accordance with their own will, under the premise of not violate the law and public order and good morals, it is a natural “self-expression of their own will and discretion whether implementation of coercive s
6、exual behavior and the manner in which to achieve the satisfaction of sexual desire from others forced and interference in the right to sexual autonomy involves commitment option infringement defense right physiological carrier full rights, artistic expression such as the right multi- a capability b
7、oth from legal theory or canonical texts elegant push and not a rare, vary or derogate as a World rights of sexual autonomy should not be because the conclusion of the legal act of marriage occurs. thus The legal protection of sexual autonomy within marriage has a solid theoretical foundation as a c
8、rime against a standard, domestic violence can be divided into physical violence, psychological violence and sexual violence are three types of object classification is also in line with the traditional tort law of habits, it has been in the international community to reach a consensus from the repr
9、esentation of the various international human rights legal documents can be found in the United Nations in 1992 the Elimination of Discrimination against Women Committee “will be determined by domestic violence:” because it is imposed on female violence or harm against women particularly serious vio
10、lence. behavior, including physical, mental or sexual harm or suffering, threats of such acts, coercion deprived of the right to freedom of behavior. “after a number of international organizations and documents of international human rights law, but also violations of sexual autonomy marital behavio
11、r, a more comprehensive interpretation of an overview of the international anti-domestic violence legal documents, such as << Elimination of All Forms of Discrimination against Women, the Convention >> << Elimination of the areas of violence against women Declaration >> expli
12、citly included in the marital sexual violence “against sexual autonomy behavior of domestic violence, common law and civil law, criminal law Yijie Exclude husband exemption “criminally responsible for rape. however, in the framework of our current legal system, departments law of marital sexual auto
13、nomy consistent ignored but it is obvious to all in the field of criminal law, the husband can not constitute the subject of rape, marital rape was shelved again several times caused academia hot. << Marriage Law of the Peoples Republic of China >> declaratory General Provisions prohibit
14、ing domestic violence “, but subsequently promulgated << Supreme Court on Application of the Marriage Law of the Peoples Republic of China> Interpretation of Several Issues (Marriage Law referred to domestic violence, the perpetrator “beaten, tied up, mutilation, the mandatory personal free
15、dom or other means, to the family members of the body, but a >> spirit to cause some damage to the consequences of behavior “, without sexual violence defined as a form of domestic violence. the undeniable sexual violence may occur to some extent, along with physical, mental injury consequence
16、s, but in three kinds of violence in the form of an independent division has achieved consensus, this expansion efforts to explain the reluctance. aspects of advance prevention and things to stop, almost no provisions in our law, violations of sexual autonomy only within marriage caused by the behavior serious consequences of personal injury or already constitutes a crime, the public authority will intervene, be afterwards sanctions this inverse trend laws lag had caused us t
