A Study On The Criminal Protection Of Male Sexual Autonomy In China

With the development of the society and the transmission of culture, the right to sexual autonomy which plays an important part in personal right, get more and more attention from all over the world. Male sexual autonomy right get protection as same as the protection to female sexual autonomy right in many countries and religions. In the past thousands of years of China’s feudalism history, because the traditional Confucius ideology is deeply rooted in our minds, the differences between male and female in stamina and physiological function, and the modesty principle in criminal law,China’s criminal law chooses to protect more of female’s sexual autonomy right and at the same time ignores the protection to male’s sexual autonomy right,which lead to make male sexual autonomy protection in a disadvantageous situation,and even more appear the vacuum in this kind of law. This kind of absence reflect in China’s criminal law specific provision article 236 and article 237 chapter 4,which is about crime of violating citizen’s personal and democratic rights. In other word, when male become the victim of rape and coercive indecency and insulting offence, there’s merely no space about protecting them. Furthermore, the development of the society promotes the openness of people’s attitude towards sex and the sexual behavior appears to be in diversified trend. In practice, the cases about male’s sexual autonomy right being infringed by same-gender or opposite-sex can be read in newspaper constantly, which gets large attention from media and the public. Thus, the perfection of China’s Criminal Law about male’s sexual autonomy right can not only abide the principle of everyone being equal in the face of law, but also is the real choice of construction of “China governed by law”.Expect the introduction and epilogue, the thesis studies on and analyses the protection of male sexual autonomy right protection in the prospect of criminal law.Part one introduces the basic content by interpreting and analyzing the male sexualautonomy right’ conception and characteristics to study on the necessity of male sexual autonomy right criminal law protection. Part two mainly introduces the situation and reasons of Chinese male sexual autonomy right protection from the aspects of the absence of legislation and legal practice to analyses the specific reasons of the absence of criminal law protection. Part three offers proposals about specific advices about completing Chinese male sexual autonomy right protection by referencing extraterritorial legislation and advanced experience.