The Research Of Older Human Sex Crimes

According to Lee rape case as the angle of view, in the Chinese criminal law and the criminal law theory basis, surrounding the case of Lee's conviction and sentencing, first elaborated our country senile sexual crime concept and the scope of punishment, and then in the old sex offenders under the framework, definition of sexual intercourse and lewd conduct extension and two distinction, think correctly distinguish between sex and obscenity is the qualitative case key. Finally, combined with the case of Lee's subjective element and criminal cessation pattern theory, this paper points out that the case of Lee's qualitative conclusions and sentencing proposal, and puts forward the prevention of elderly human crime suggestions. Besides the foreword and conclusion, this essay of about seventeen thousand words, consists of case and case introduction, case of dispute, analysis and discussion and conclusions and suggestions of four components:The first part: take Guizhou province Anshun city procuratorate prosecution case as an example, introduces the Lee rape, child molestation case nature, had the time, place, manner and results of crime crime.The second part : the case of the focus of controversy. Analysis summarizes Li rape, child molestation case Li to murdered girl Jiao Jiao implementation of the two crimes constitute raping young girl rape or child molestation trial, arguing the control, three different opinions, and sums up the focus of controversy.The third part : analysis and discussion. The first part discusses the old age limits and the elderly crime concept and scope, and thus leads to the need to be further discussed two key counts, i.e. raping young girl rape and indecent child crime. Secondly, to the elderly in the crime of" sexual intercourse" and" indecency" concept is to be defined, so as to distinguish the raping young girl rape and indecent child crime in confusion crossover behavior to provide a theoretical basis. Again, according to the above analysis the results are discussed, respectively on the indecent child crime concept and constitutive elements of the crime of rape and raping young girl concept and criterion of accomplished offense affirmatory undertook further analysis and discussion, in order to solve the objective elements of the crime of" with two male and female genital contact and friction" the edge the real problem behavior is difficult to be convicted. In addition, this paper also on the old sex offenders in erectile dysfunction in the new situation are analyzed and discussed, which draw erectile dysfunction cannot be as rape was obstructed the new judgment. Finally, this article on the elderly criminal penalty of the old law and regulations analysis were introduced, the elderly crime shall be given a heavier punishment plots and lighter punishment conditions.The fourth part: through to the elderly crime analysis and discussion, respectively, from the qualitative case and the sentencing on the corresponding conclusions are obtained, and also focused on how to prevent senile sexual crime and puts forward some suggestions and countermeasures.