The Barrier Of Legal Interests' Protection Caused By Sexual Discrimination

During the recent years, several criminal cases regarding sex have raised a fiery discussion about the judicial settlements of sexual offences and the explanation of the related accusation. This article is aimed to point out the ambiguity of the language employed by the criminal legislation behind the judicial disputes, and to further analyze that the current legal language and the weak protection it brought to the legal interest and any related problems all attribute to gender discrimination commonly existing in the world cultures.Therefore, only if the definitions regarding sex in the criminal law were accurately defined and the commonality between the sexual autonomy and kinds of jura personarum were clarified, could the protection to specific legal interests be accomplished.This article is consisted of the following chapters:The first chapter contains an introduction of the disputes arising in the judicial process which resulted from the sexual offences stipulated in the criminal laws and regulations and tries to find out the problems contained in the language of the criminal legislation. The second chapter contains a fresh analysis of sexual offences from the standpoint of right protection which could further make the definition of criminal crimes regarding sex more accurate. The third chapter contains an analysis of the protection of legal interests concerning sexual offences. The sex autonomy is the mainly legal interest needed to be protected. However, the current criminal legislation can not strongly protect the injured group's sex autonomy, which is essentially caused by the gender discrimination embodied in the weak criminal legislation. Based on this, the author tries to disclose that the specific group has been marginalized in the process of legislation and jurisdiction. Finally, the author proposes that only if the gender discrimination was eliminated in the criminal legislation and the sexual rights were treated equally as the basic human rights, the specific legal interests could get the real protection.