On The Protection Of Male Sexual Rights In China

Constitution of People’s Republic of China gives every citizen the eight rights, of which the personal rights concerns every people in their lives. Especially, sexual rights exert an important influence on the physical and mental health in the human’s development process, and their protection are the rights endowed by the Constitution. From a legal perspective, the protection of sexual rights is also equal, and every person is entrusted with equal protection, regardless of young and old, irrespective of their nationality, race, sex, occupation, family background, religious belief, education, property status and so on. However, effected by Chinese feudal culture of five thousand years, we have just been focused on the protection of women in terms of sexual rights, whereas, men have been neglected for a long-term period, even ignoring the vulnerable part of the male population, such as men with intellectual disabilities, juvenile male, boys, etc, which makes males’sexual rights not protected fully and equally. With the rise and increasingly widespread impact of modern feminist thought, coupled with the rapid development of China’s accelerated reform and opening-up process and the market economy, social ideas and values become more diversified; and the concept of male supremacy in China has gradually disappeared; the sexual phenomena become increasingly complex, for a variety of new sexual offenses are springing up.Over the past decade, it is common case that women conduct sexual assault through violence or the threat of violence forcing men to use hallucinogenic drugs, male function drugs and so on, which is contrary to male will. And it is also no longer big news that women take advantage of the terms of reference of coercion or the body to seduce the implementation of "sexual abuse" in the case of violation of the will of man. Meanwhile, the increasingly common phenomenon of homosexuality also led to the cases of male sexual abuse cases welling up in large numbers. Though it has the more detailed provisions on sex-related crimes in the chapter of " the crime about violations of civil rights and democratic rights" in China’s Criminal Law, it still has some gaps and defects in judicial practice. Amendment of Criminal Law (九),which goes into effect form November 1,2015, has been modified relating to the above section, which provided rules to follow in protecting the rights of citizens effectively, combating such crimes with understanding correctly the crime of rape and obscene and accurate conviction and sentencing for offenses. Meanwhile, we should know clearly we still have much room for improvement in protecting the male sexual rights comparing with other countries with civilizations in the world.Throughout modern times, the judicial practice with rule-based has lively cases involving male crime since the founding of the people’s Republic of China. It is conducive to fight against the existing criminal acts and make the existing judicial system more perfect, if we can critically accept the merits of the traditional justice. Though we trust the authority of the law faithfully, we should be aware of the lag of law. It is inevitable for the progress of judicial to protect male sexual rights gradually, which is the steps of promoting the rule of law in the contradictory judicial practice. The legal system with Socialism of Chinese characteristics will be gradually improved and perfected in the development of society.