On Homosexual Intercourse-from Criminal Policy Perspective

The human society is a combination of all kinds of human activities, it is based on the colorful human social exchanges. The sex, as the basic desire of human being, has gradually evolved into a cultural demand. Meanwhile, a great change has been taken place on the notion about the sex, i.e. in addition to the purpose of bearing and raising Children; it pays more attention to pursuing the happiness from the sex activities. Due to this change mentioned above, it results in the change of the sexual mode and sexual subject. People now make love with not only different gender but the same gender. With this phenomena becoming more and more common, it posed a great impact on the traditional society than ever. In order to adapt to the new situation, what kind of measures should be taken to solve the problem, it is also significant to protect the individual rights and maintain social stability.Based on the measures which taken by all countries home and abroad in the history, from the angle of view of criminal policy, the author discussed the way to treat the homosexual intercourse under present circumstance in China and put forward his own unique opinion. The writer thinks that the homo-sexual intercourse should be divided into three different layers and take corresponding measures on them. First, to the voluntary homo-sexual intercourse happening among the adult people, no matter whether they are profitable or not, they should not been punished by the criminal law, on the contrary, we should adopt the instructive policy to them; Second, the non-voluntary homo-sexual intercourse should be criminalized. Third, considering the mental and physical feature of adolescent, the homosexual intercourse happening between them should be decriminalized. the non-voluntary homo-sexual intercourse happening between adult and adolescent people should be criminalized.The whole article was divided into three parts. The first part is about the basic generalization of homosexual intercourse and the criminal policy ,and put forward the great importance on criminal policy .the second part analyzed the existed criminal policy on the homosexual intercourse and tried to use it as reference for China; the third part is the key part of the article, which stressed on the criminal policy we should taken and its theoretical and realistic basis.