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On the Protection to the Right of Chastity in Civil Law
Author: GaoXiaoLing
Tutor: LiZuo
School: Guangxi Normal University
Course: Legal Theory
Keywords: Chastity Right of Chastity Civil Protection of
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 341
Quote: 2
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Abstract
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The virginity rights a basic personality rights of natural persons. Chastity study on the right is a new topic in the research areas in civil law, characterized in that the perspective of civil law to study chastity rights and how to protect the right of chastity. The virginity rights as a fundamental right of natural persons, natural persons within the limits prescribed by law, independently decide their own sexual behavior or other marginal involving sexual behavior, independent domination of a personality right to own virginity interests. In civil law a far more extensive background with the analysis of the historical and sociological perspective, to explore the basic question of the right of chastity and virginity, clarified toward the rights of chastity, to distinguish it from a common sense of our long-formation about virginity sexual attitudes. Virginity rights and spouse right, body, reputation and personal liberty Comparative Study further confirmed chastity is an independent right to give the material aspects of the natural human rights and spiritual dimensions of the right to be fully outlined, in civil law should obtain independent areas. The prevalence of sexual abuse phenomenon determines virginity right to civil law protection is of great significance and the social efficiency. Compared virginity rights Civil Protection of the extraterritorial status with China's protection of the right of chastity various laws and judicial practice of the status quo be systematically investigated virginity right to civil law protection from the point of view of comparative law. The conclusion of this expedition: of the virginity right to civil law protection three methods (direct protection, indirect protection and summarized protection) directly protected, that is recognized directly virginity right to a separate civil rights and be tort law protection, is the most worthy of praise. Of the defects of the law of chastity rights protection prompted us to be of profound reflection on how to put forward countermeasures to overcome these deficiencies. The behavior against chastity rights is contrary to the will of another sexual behaviors involving sexual relations with others and other marginal. The real society behavior against chastity rights major acts of rape, Carnal Knowledge and sodomy of children, indecent, forcing others into prostitution. Constitute infringement of the chastity right to the civil liability must have four elements acts against chastity rights, prejudice to the fact that the behavior of the right against chastity and prejudice to the fact that the causal relationship between subjective fault of the offender. Property and compensatory characteristics, and civil rights violations against chastity protection method determines the legal protection of the right of victims of chastity only to damages for the basic method. Virginity rights from a statutory right into a real right, depending on its implementation procedures. If the the behavior against chastity rights is a non-criminal nature of the infringement, or not through the criminal incidental civil procedure to resolve civil remedies against chastity rights behavior, the plaintiff may have filed a civil action to resolve the applicable tort proceedings issues its Civil Relief. If acts not only constitute a civil tort against chastity rights also constitute a criminal law on the crime, usually
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