Study In The Legislation Of The Right Of Spiritual Purity

Since the minors have not yet fully developed their mind and body, they can easily be infringed by misconduct, bad thoughts and adverse environment. There is no time to delay the protection of their right of spiritual purity, which is the right about the undisturbed development of the minors’pure character and normal personality. Our country does not legislate the spiritual purity right. However, this right is protected in law of Protection of Minors as legal interest in China and abroad. At present, studies on spiritual purity right are far from completeness. Due to the above reason, firstly, the author has examined the origin of the concept of spiritual purity right, and then given out the definition of this right. The right of spiritual purity is the undisturbed development of the minors’pure character and normal personality. Through deduction, author has a legal analysis on the nature of this right from four aspects. Spiritual purity, on the first place, is a right not interest. Then, it should be a right of personality, independently and not excluded in other rights of personality. This right should be categorized as a free spiritual right of personality. Secondly, based on the current status of the legislation and justice, the author inducts the shortages of relevant practices in China and is inspired from the practices abroad. Through the combination of experiences within and without China, the author tries to find out the legislative system of spiritual purity right that suits our nation most. Finally, the author lists her suggestions on the legislation of spiritual purity right. Suggestions comprise three parts, namely the analysis of the necessity of legislation, principles of legislation and the content of the right. In the last part, the author further specifies the object of spiritual purity right, the range of the competence, the subjects sorted by age, subjects of right execution, and subjects combined special obligation and general obligation. This dissertation explores the construction of the spiritual purity right, suggests a basic legislation framework. It aims at a better growing environment for the future pillar of society by providing an overall protection against the adverse customs for them while makes contributions to the system of the right of personality.