On The Protection Of Children 's Rights In Criminal Law

Girl under the age of sexual rights is a sacred right, but in the real society, sexual assault girl, bad sex crimes such as countless whoring, worse is that many was supposed to be a teacher by worthy example of teachers, the well-being for the people, officials, safeguard social fairness and justice of judicial staff also became a crime, the offender, again and again to challenge the public tolerance of the bottom line, with high rates of sexual crime, how to protect a girl under the age of sexual rights this topic has been brought into public concern and worry, also contributed to the law for criminal legislation of reflection, the first is the crime of whoring with a girl under the age of problem. Although the theoretical circle to the contention of waste appear to be said on both shiva said shiva, but since the supreme people’s court, the supreme people’s procuratorate, ministry of public security, justice, after four organs jointly issued "views" the abolition of the crime of whoring with a girl, I’m afraid is the trend of The Times. This article from the perspective of the protection of the rights and interests of female to crime of whoring with a girl as the breakthrough point, discusses the defects of this crime and the effective remedy measures, take innovative institutional measures and related theoretical perspectives to perfect the criminal law the relevant provisions to protect the rights of young women, in order to better maintain the physical and mental health of female and to contribute a little kind of social norms.In addition to the introduction, this paper is divided into three parts:The first part:standing in the perspective of women’s rights, comb crime of whoring with a girl under the age of several major defects in the legislation and judicial practice, using the value analysis and comparative analysis, combining with the present relevant legal policies and draw lessons from foreign legislative experience, states the necessity of abolition of crime of whoring with a girl.After the abolition of the second part:in order to investigate the crime of whoring with a girl under the age of what to do, is in the category of the rape and indecent assault, or reference to Germany, Switzerland and other countries view to set up a "female single sexual assault crime", the "whoring into sin" among them, in this paper, the second chapter, the crime of whoring with girls under type rape were analyzed, and the relationship between do matting for the back of the third chapter. Combining the two views of the theory, first of all, the mutex relationship theorycritique, secondly the two views of the relationship between theory, law phenomenon in which the overall relationship theory and part of the law phenomenon in theory. Through the analysis of the crime constitution of two crimes, combining with the relevant theory of competition law, come to the conclusion that two crime belongs to the inclusion relation, based on the relationship theory of part of the law phenomenon in criticism. Finally, for the crime of whoring aggravating circumstances can directly apply the relevant provisions of the rape, also make the appropriate analysis.The third part:this part is the innovation of this article. First on how to protect the young women’s rights system design were discussed, providing advice, this article does not follow suit, offered to crime of whoring with a girl should be brought into the rape, but through the analysis of the different of crime of whoring with rape and the practice of Germany, Switzerland and other countries for reference, put forward to set up a separate "sexual assault girl", will be included in the statutory rape crime, and provides Suggestions for this crime system consummation. For this crime the criminal responsibility of design, in addition to set different levels of legal punishment, innovative proposed the idea of using chemical castration, which have an immediate effect on crime. Finally, in order to make up for China law against child exploitation method of blank, this paper puts forward Suggestions for the corresponding legal reform, perfect the exploitation of the legislation against the young women, especially for the purpose of sex trafficking population and pornography, involving minors in many aspects, multi-angle protection with a girl under the age of sexual rights.