论文部分内容阅读
为保护离婚诉讼中的妇女的人身权利,人民法院在受理离婚诉讼当事人的请求之后,应下达《禁止性侵犯令》,其内容为离婚诉讼期间,一方当事人不得强迫另一方当事人服从自己的性意志。笔者认为:虽然男女间一经自愿同意并到婚姻登记机关领取结婚证后,即明确了夫妻的地位和关系,也即是肯定和承诺了同居和性生活的权利义务。但与之相对应,若其中任何一方提起离婚诉讼,就巳表明其依法向司法机关提出了对上述权利义务的否定。仅管此时他们之间还存在着夫妻关系的名分,但确不能忽视离婚诉讼期间是一个特殊时期,如果此时一方当事人以夫妻关系尚存为由强迫另一方服从自己的性意志,而法律和司法机关对此采取不干预的态度,这实际上是允许一方侵犯另一方性意志自由。就生理而言,女方实际
In order to protect the personal rights of women in divorce proceedings, the People's Court, after accepting a party's request for divorce, shall issue a Prohibition of Sexual Assault Order, which states that during a divorce proceedings, one party shall not compel the other party to submit to his own will . The author believes that although the voluntary agreement between men and women and to the marriage registration office to obtain a marriage certificate, that is, the status and relationship between husband and wife clear, that is affirmed and promised the rights and obligations of cohabitation and sexual life. In contrast, however, if any of them filed a divorce lawsuit, it had already stated that it had submitted to the judiciary the negation of the above rights and obligations according to law. However, at this time, there is still a place for husband and wife relationship between them, but it can not be ignored that the period of divorce proceedings is a special period. If at this time a party forces the other party to obey its own will by the surviving husband and wife relationship, The fact that the law and the judiciary take a non-intervention attitude toward this is in effect allowing one party to violate the other's will to freedom. Physically, the woman is real