On The Legislation For Sexual Crimes In Criminal Law

In recent years, the studies on the sexology have got sounddevelopment in our country, with the "scientific, progressive,healthy and beneficial" conception on sex spreaded widely inthe whole society, which provides the new motivity andtheoretical support for the researches on sexual crimes inChina. Because of this change, the author can observe the commontopic about the amendment of legislation for sexual crimes froma new overview. Based on the overview, the author analyzes therelevant rules of the legislation for sexual crimes in criminallaw completely, and puts forward some practical and pointedlegislative amendments by learning from the previousresearches.This article can be divided into three parts:The first part puts forward "the new overview" ofcommenting on the actual legislation for sexual crimes, andcarries on the adequate explanation and demonstration for thetwo basic points constituted the new overview which containsthe standard of sexual rights moving towards human rights andthe standard of moral neutrality in criminal law.The second part makes an analysis briefly to the actual legislation for sexual crimes in criminal law according to thetwo preceding standards, and points out the positive andnegative aspects in the actual legislation. In the author'seyes, there are four main problems in the actual legislationfor sexual crimes: firstly, some accusations' ascription is outof place; secondly, the protection of sexual rights between themale and the female is out of balance seriously; thirdly, theprotection of children's sexual rights is relativelyinsufficient; Fourthly, some critical concepts in sexualcrimes don't stipulate clearly.The third part is the emphasis in this article, the authorputs forward five principles which followed by the legislativeamendments for sexual crimes. Taking these as the instructions,the author then carries on a modification for the accusationsin sexual crimes to resolve the main problems existed in theactual legislation for sexual crimes. In the process ofmodification, the author attempts to combine the trend ofsocial development with the current realities, and tries hardto achieve the biggest legislative amendments for sexual crimesby the most economic ways in order to maintain the unity andintegrity of the sexual crimes' system always.