Sexual Rights In The Context Of Marriage And Its Legal Normative Study

The main topic in this thesis is that, sex is the foundational factor of self-production as well as physical production according to the Marxism basic principle. In the long process of human's survival and development, sex transformed from the natural behavior to the social behavior, thus produced the issue of sexual rights. Sexual rights is human's basic right. On the basis of discussing the origin foundation of sex and marriage, we posed the relational problem between sexual rights and marital family law. Therefore, the thesis posed the concept of disenchantment and the necessity of disenchantment towards legal and rules from macroscopic angle, besides, the thesis posed the problem of disenchanting on the marital family law from the moral and political angle. Finally, from the angle of legislation practice, choosing spouse rights, procreative rights and homosexual marriage rights, the thesis discussed the relationship between sexual rights and marital family law, found the new achievement.The thesis has more than 45,000 characters, and is divided into 4 chapters; the more detailed constructions of this thesis are as follows:Chapter 1 discusses sex and the origin of sexual rights. It mainly discussed the significance of studying on sex from the angle of sex and human being's existence. Meanwhile, on the basis of that, it discussed the process of sex covered as rights, which is mainly used benefits theory as evidence. At last, it discussed the basic content of sexual rights, including the definition and connotation of sexual rights, the research category and the basic content of the sexual rights. It also illustrated some definitions related to sexual rights, including duty of sex and authority of sex.Chapter 2 illustrates sexual rights and marriage and the legal rules. It mainly discussed the issue of Origin of sex and marriage. It also studied on the transformation of sex from the natural behavior to the social behavior from the historical principle angle of view, as well as the production of marriage. Furthermore, it focused on the connotation of sexual rights and marriage, emphasized on the essential content of sexual rights, provided a compared and connected analysis on the connotation of marriage and family. Later, it discussed the issue of sexual rights and marriage legal rules, in the view of legislation and judicature, studied on the relation between sexual rights and marriage legal rules.Chapter 3 outlines and exemplifies the disenchantment towards family legal and rules in the angle of sexual rights. First, it introduced the basic connotation of disenchantment and the reason for disenchanting marriage legal rules. On the concrete question, on the one hand, it is necessary to disenchant the marriage legal rules in moral areas, so that the relationship between martial family law and the moral can be more scientific. On the other hand, it is necessary to disenchant the marriage legal rules in political areas, so that sexual rights can realize their essence in relative areas and legislation consummation.Chapter 4 introduces the practice of marriage law under sexual rights. It is divided into 3 practical questions. First, it talked about spouse rights with loyalties and chastity, defines certain issues on the basis of the connotation of sexual rights. Second, it discussed procreative rights, that is to say, on the basis of birth connotation of sex, discussed the main body and contents of procreative rights, and the limits towards procreative rights under legislation. Finally, it researched on the issue of homosexual marriage rights, used the essence of marriage and the essence of sexual rights as evidence. Besides, it introduced the tendency of legislation and the countermeasure.Under the discussions of elementary sentence above, the thesis included some innovative ideas about sexual rights and marital family law. First, it posed the basic relationship of sex and human beings existence, and the procedure of sex covered as rights based on it, which is based on the methods of historical principle and legal standard principle. Second, it posed sexual rights and marriage based on the legal standards and the relation issue with marital law rules. Third, it introduced the concept of disenchantment from political areas, and proposed the disenchantment of marriage rules in the moral and political areas at the first time. At last, from the angle of concrete practice, using the connotation of sexual rights and marriage provided a novel discussion about spouse rights, procreative rights and homosexual marriage rights. Meanwhile, it obtained the conclusion that is consistent with the primary intention of the thesis.The thesis is based on the view of historical principle and legal standard principle, adopted principles of anthropology, sociology, politics, ethics and legal science, discussed some fundamental propositions, and analyzed the importance of the sex and sexual rights towards human beings. Meanwhile, it emphasized the study and discussions of the marriage law under its origin, development and disenchantment, associated with legislation practice, put forward the corresponding proposal, therefore, the writer hopes the thesis can benefit the studying and consummation of related areas.