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On The Regulation And Improvement Of The Criminal Law On Sexual Offenses

Posted on:2013-09-12Degree:MasterType:Thesis
Country:ChinaCandidate:X B LiuFull Text:PDF
GTID:2246330374983648Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Criminal law is an important legal protection of human rights and sexual criminal law to combat crime is a class of crime, but because of the special nature of sex crimes and the impact of China’s traditional culture, leading to China’s criminal law on sexual offenses in the process of regulation, there is a serious deficiencies and shortcomings, and that needs our attention and to be perfect. Since ancient times, of the issue has always been a taboo and taboo issues, so we have a five thousand years in the history of the country, and traditional feudal concepts in people’s minds has been a very strong influence on the nature of people is always limit between the private, not public places to explore.This selection from the criminal law on sex-related crimes involving the perspectives of the criminal law system of sexual offenses reflection and reconstruction issues. The reason is that any system there is a loophole in the world does not exist a perfect system, so all need to constantly refine and improve; After all, in China thousands of years of feudal patriarchal society under the capitalist system not only enslaved most of the civilians, but the idea of all women imprisoned for a tight and physical, serious physical and mental violence, sexual crime, the existing criminal law provisions with the trend of social development does not meet current requirements, could be improved. Especially since the reform and opening up, along with China’s political, economic, social, cultural and other fields has entered a new phase, and the feminist movement by western ideas of baptism, the whole society has undergone enormous changes in women’s liberation, sexual culture of acceptance and change has been significantly different from the founding of New China before the reform and opening up early and ideas. We can say that male culture has long pervades the whole society and culture, male hegemony of hegemony as an important part of the same penetration in sexual culture, including the moment of reform and opening up Chinese society. All of these are needed to be improved and improvement, and sex crimes is one important aspect of criminal law norms as an important part of social norms in the regulation of sex crimes is no exception to be infiltrated by the patriarchal culture, this penetration exacerbated by the weak position of women in society and feudal society is particularly serious, or even the feudal society of criminal law norms, in essence, is the doctrine of a male patriarchal oppression of women, the proper basis, but the moment although China’s criminal law norms of sexual crimes has been greatly improved and improved, but still there is the inevitable criminal regulation of sexual offenses on the defects and one-sided. Therefore, the author of the related crime criminal law system of history based on the study, in the West sexual offenses, criminal law regulation trends of comparison, China’s sex crimes the criminal law system for the reflection and reconstruction, and that this kinds of combination of history and reality, reconstruction and foreign concept to reflect the relative ratio of great necessity.In this paper, the use of historical research methods, comparative and empirical research methods of analysis and other methods of China’s criminal law in the regulatory process of sexual crimes and the reasons for the shortcomings of the analysis and discussion is OK, the last drawing on modern Western countries, the trend of crime legislation based on the integrity of our criminal law crimes legislation were discussed. The main contents include sexual, cultural, sexual norms and sexual crimes overview; On this basis, by comparing the ancient Chinese society, male domination mode of sexual offenses regulation and modern Western countries, sexual crimes legislation trends, the author discusses China’s current criminal law on sexual offenses, the legal regulation deficiencies and their causes; Finally, drawing on Western countries, sexual crimes legislation system, based on the author proposes a sound China’s Criminal Law Sexual Offences Legislation of the relevant recommendations in the hope China’s Criminal Law of the perfect crime, regulation and rule of law to assist in promoting the process, have been helpful.
Keywords/Search Tags:criminal, sex offenses, regulation, sex of ideas
PDF Full Text Request
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