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Criminal Law Protection Of The Masculine Sexual Rights

Posted on:2013-09-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiFull Text:PDF
GTID:2246330371981851Subject:Law
Abstract/Summary:PDF Full Text Request
"Sex" is always be a secrecy topic in our country,many people in China is shy to talkabout "sex",the discussion to the sexual right protection is even few.Sexual rights is regardedas an important part of the male hegemony in the sex culture of our country in the feudalsociety.This attitude is also reflected in Chinese laws.The phenomenon of female sexual rightsviolations have been given adequate attention,the provisions about rape,indecent assault inChina’s criminal law specifics protects the sexual right of women and children,but on thecontrary,there isn’t any provisions about masculine sexual rights protection.The appearance ofmore and more cases of male sexual rights violations shows that male sexual rights shall beincluded in the scope of protection of the criminal law. This article discusses the rights of malesexual criminal law protection has the following four aspects:The first part is case quoted.The cases shows the awkward status quo of China’s lack ofcriminal law protection of the rights of male sexual.Then the article analysis the two mainways of the male sexual rights violated,that is male on male way and female on male way.The second part describes the value of criminal law protection on masculine sexualrights,one is showing the respect for human rights,the other is that it will do contribution tomaintenance of social stability.The third part is the status of China’s criminal law protection of the rights of malesexual.The performance of legislative aspects is that boys’ sexual rights protection is weakerthan girls’,and the legal remedies of the sexual abuse of men over the age of 14 is almost a"vacuum".The performance of judicial aspects is that the violations of the rights of malesexual behavior is often sentenced as intended harm blame,insult sin or abuse sin,that’s notvery accurate.We urgent need to protect male sexual rights through the criminal legislation.The fourth part,the author contrast the different approaches to protect the rights of malesexual in civil law countries and common law countries,and put forward legislative proposalsto perfect China’s criminal law protection on the male sexual rights.The author argues that wecan modify compulsory indecency, the crime of insulting to women to protect the male sexualrights and do not agree with the view of simply expanding the rape crime object and make men to join.In addition,we can add a new charges like"Infringe upon male sexual rights crime"to protect the male sexual rights more comprehensively.As is new,legislators can carry outmany feasible and constructive operations on this new charges,it will help us protect malesexual rights more comprehensively and accurately.
Keywords/Search Tags:masculine sexual rights, criminal law, protection
PDF Full Text Request
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