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Subject: Research on the Legal Issues in Conflict between Spouse's——Right of Cohabitation and Right to Sexual Freedom
Author: SUN Ruojun
Keyword: spouse's right of cohabitation, right of sexual freedom, values measurement
Newspapers published: Journal of China Women's University
Issue No. original: 2013(04)
With the development of ideas on human rights,people's awareness of sexual rights is strengthened gradually.Nowadays,sex has been set free from marriage and begins to develop towards diversified directions.Influenced by this,the sex function borne by the traditional marriage system has been weakened,and the legal meaning of spouse's right of cohabitation has become obscure.So far,there is no clear items in law to solve disputes aroused by sexual conflict between spouses.The essence of the conflict between spouse's right of cohabitation and right of sexual freedom is a conflict of legal values.The solution to this conflict is to have a check and balance on both values,so as to define the legitimacy and priority of right protection.The author believes that three principles should be applied to solve this dispute,which are as follows,the principle of no abuse of rights,the principle of rank-setting of rights,and the principle of interests balance and measurements in individual case.
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