英文摘要 |
How does modern law protect the right to chastity? Article 195, paragraph 1 of our Civil Code states: "In cases of unlawful infringement upon another person’s body, health, reputation, liberty, credit, privacy, chastity, or in cases of unlawful infringement upon other personal rights with significant circumstances, the victim may request compensation of an appropriate amount. Those whose reputation has been infringed may also request an appropriate remedy to restore their reputation." The legal basis for safeguarding the personal right of "chastity" emerged as a significant breakthrough in the amendment of the law on April 21st, 1999, symbolizing the embodiment of human dignity in a constitutional and rule of law state. This paper conducts empirical and narrative research to summarize and analyze the legal evaluations of courts at various levels regarding cases involving the infringement of chastity. The structure of this paper consists of six chapters, with chapter highlights as follows: Chapter 1 is the introduction, including research motivation, research objectives, research methods, research scope, and chapter overview. Chapter 2 explores the process of the legalization of the "right to chastity." Chapters 3 to 5 involve the study and analysis of 64 judicial precedents from the Supreme Court’s judgment database. Chapter 3 examines cases where the defense is based on consensual intercourse. Chapter 4 analyzes cases of forcible sexual intercourse that infringe upon chastity. Chapter 5 focuses on the core issue of this paper, the compensation dispute for the damage caused by "initiating chaos and abandoning it," using four judicial case examples to explore the legal evaluation of the infringement upon the personal right of chastity and the amount of non-pecuniary damages. Chapter 6 concludes by addressing the research motivation from Chapter 1 and proposing preventive measures against the act of "initiating chaos and abandoning it." Additionally, this paper includes over 170 pages of appendixes, which are 64 selected judgment precedents from the "Judicial Yuan National Information Website" database. These include case details, claims from both parties, judges’ reasoning for the judgments, and the amount of emotional distress compensation awarded in each case. These materials are provided for the reference and use of future researchers investigating similar topics. |