Study On The Perfection Of China’s Sexual Assault Crime Legislation

Sexual assault is an ancient and common crime and the history is as long ashistory of human civilization. The criminal law sets sexual assault to control sexualcrimes, for the people’s right to provide a minimum legal safeguard. With thedevelopment of human history, sexual assault crime presents diversity trend.Countries around the world have legislative changes to adapt to the need of reality. Injudicial practice, some sexual abuse behavior highlights China’s current legislation lag.First of all, this paper makes a definition of sexual abuse and pointed out thedeficiency of the legislation. In reference to Taiwan area legislation on the foundation,the research object of this article--the criminal law236th,237th, is defined as sexualassault, which is also the basis of this argument. Then, the author to appear in practicecase, pointing out that China’s current sexual assault crime legislation deficiency, aplurality of infringement act as inquiry and its legislative regulation of theintroduction.Secondly, the improvements of the sexual abuse disorder were analyzed. Inrecent years, the perfect of sexual assault crime issues often appears in newspapers.Many people have realized that our sexual assault crime legislation has lagged behindthe world trend and the social reality, but the perfection of relevant laws is still not puton the legislative schedule. There are mainly three reasons: the historical reason,sexual taboos and misunderstanding of the restraining criminal legislation. On thehistorical reason, through the analyzing the sexual assault history leather extensionand time factors, the negative influence of ancient legal to the modern law has beenrevealed. In sexual taboo, through analyzing the reasons of the taboo, the obstacles onthe concept of the impact of legislation are revealed. In the restraining criminallegislation, Theoretical Misunderstanding led to its becoming modify legislativehurdles has been pointed out.Third, the legal protection of the" male same-sex sexual abuse suffered"," femaleto male suffered sexual abuse","young boys suffered sexual abuse" has been analyzed.Law has stipulated the legal text could be defined to achieve the true meaningaccording to the development of the judicial practice through literal interpretation, but the law which has not been stipulated is more worthy of discussion. The reason whychoose such a logic thinking, is more clearly demonstrated the law which has notstipulated the text, in the application of law when the crime punishment legalprinciple to better reflect. On the aspects of “the legislative protection of Male same-sex sexual abuse suffered by male”, the male same-sex sexual patterns--forced analsex has been analyzed. On the aspects of "female to male suffered sexual abuse", theorganic cannot is been refuted. In young boys protection, young boys and girls of therights of the right should be protected in the same is been pointed out.Finally, based on the combination of China’s legal provisions and judicialpractice, taking foreign legislation for reference, the author puts forward suggestionsto improve and perfect the relevant legislation. Key points are: as to the constitutiveelements of rape, the subjects should be expanded female, the objects to naturalperson, and the behavior to anal sex and sex on narrow sense, which should beexpressed as mandatory into sin; as to the amending of raping young girl behavior inpresent criminal law, it means the relevant change of subjects and behaviors, theobject should be expanded to underage girls who are younger than fourteen-year-old;as to the constitutive elements of compulsory indecent woman crime, the objectsshould be expanded to natural person, with the expression changed into compulsoryindecent assault crime.