On The Protection And Perfection Of The Minors' Sexual Rights By Chinese Criminal Law

As an important legal interest, the minors'sexual rights are always protected by national law. The minors, with an incomplete mature mental development which make them in an obviously weak position, their sexual rights are violated easily become the object of various sexual assault crimes. In recent years, the cases, violation minors'sexual rights, the number is rising; some are even major cases and have an extremely bad effect on society. Some cases, the perpetrator of sexual abuse on minors are play care, under the banner of love, make minors at a loss. The sexual abuses bring great physical and mental health harm to minors, prejudice to the healthy growth and serious damage the social well-being of minors. Therefore, strengthening research on sexual rights of minors in the protection of criminal law, safeguarding the legitimate rights and interests of minors, protection of healthy growth of minors is significant.The ordainment of sexual consent age is playing an important role in criminal law. As take a single dash of lesser sexual consent age protection mode in law, which can not effectively protect sexual rights of minors who are in different situations and make equity and justice difficult to achieve. Secondly, regarding to the crime of whoring with a young girl under the age of 14, looking from legal standards about prostituted young girl, associating with whoremaster's subjective state of mind and moral aspects, make a depth analysis about it. The standards of it are unclear, which can easily lead to selective enforcement, and discriminate against young girl, it makes against protection of young girl's sexual rights. Thirdly, there is obvious lacking of protecting the sexual rights of male minors in our criminal law.Finally, base on analyzing and researching on criminal laws of Taiwan, Hong Kong, Macao regions in China, drawing on protection of the sexual rights of minors in these criminal laws, proposing a more comprehensive protection criminal law amended plan of the sexual rights of minors: At first, according to the different situations in real life, the minors can be dividing into three protection age segments, forming a more reasonable system of protection. The Second, the male's sexual rights of minors should be taken into account in criminal law as a special protection age range .The third; author proposes to abolish the crime of whoring with a young girl under the age of 14, according to the different whore behavior objective occurred, the crime actions should be punished with rape crimes or indecent child crimes.