The Exploration Of Sexual Humiliation Crime

The compulsory indecent women’s crime belongs to sex crime, whose object is victim’s right of female’s sexual freedom. Along with our country economy development, urbanization and the "equality" concept win support among the people, more and more women are extensively involved in all aspects of social activities, the crime is increasing soon in current years. The crime is released in1997revision of criminal law of our country,which from the original "hooliganism" in this crime, there is no judicial interpretation of the detailed provisions, many problems exist in practice.At present,there is no judicial interpretation for this crime and many problems exist in its application. Although the crime is involved in some researchs,a lot of dispute is still existing and theorists failed to reach a consensus.This article is divided into five parts to explore the crime.The first part introduces conception and constitution of the crime and point out its special.The second part analysises essence of the crime,the author consider that the essence is not "force women" but "violate women’s will",then carried on the analysis of its essence.The third part discusses how distinguish the crime with others which similar with it, sexual harassment and sexual abuse phenomenon has caused a certain influence in today’s society, there is some relation between them with this crime, this paper tries to differentiate them.According to the content of the third part? the fourth discusses its judicial application.Many problems exsist in its judicial practice.I hope this paper could give some enlightenments to its judicial practice.The fifth part is the legislative review of this crime. Setting in this crime has some problems,this paper proposed review of the crime based on the comprehensive view of the above four parts.Finally, emphasize one point, this paper chooses infringement of the legal interest as premise of research on this crime. There are many controversies on the nature of the crime. Limited to the number of words, this paper does not compare kinds of theories, I accepted "judicial identification of the crime "as the nature of the crime just based on my personal view.