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“性”是一项基本人权。在中国,婚姻关系的缔结是将性关系合法化的唯一途径。根据《婚姻法》的规定,婚姻关系存续期间,夫妻双方有同居和互相忠实的义务,究其立法根本均是对性权利的隐晦保护。由于传统生育观的影响和对女性贞操的重视,加之男性在心理与生理上的天然优势,女性在婚内性权利的享有上并没有得到很好的保障。本文将针对已婚妇女在享有性权利时面对的窘境,结合具体法律条文对《婚姻法》的立法缺陷做出简要分析。
“Sex ” is a basic human right. In China, the conclusion of marriage is the only way to legalize sex. According to the provisions of the Marriage Law, both parties have the obligation to live together and be loyal to each other during the existence of the marital relationship, and their legislation is fundamentally the obscure protection of sexual rights. Due to the influence of the traditional fertility concept and the emphasis on the virginity of women, combined with the psychological and physiological advantages of men, the enjoyment of women’s sexual rights in marriage is not well protected. This article will address the dilemma faced by married women in enjoying sexual rights and make a brief analysis of the legislative defects of the Marriage Law in light of specific legal provisions.