Talk About The Our Country Criminal Law On The Sex Crime Of The Regulation And Perfect

In recent years, along with China’s reform and opening up policy, some westernugly phenomenon was introduced into our country, make people’s conceptions hadgreater change than ever before, some previous rare sex crimes in our country’sfrequent phenomenon began, and produced the great harm. In the original traditionalcultural influence the sex crime has been established under the sex crime enough tocope with the new change, for sex crimes to be perfect is the urgent matter. In view ofthis, the author of the defects of our country crime analysis and reference to the westof making and implementation, combined with the practical and theoretical referenceto some of the scholars research results, this paper puts forward some sex crimelegislation perfect claims, the hope can the criminal law in sex crimes contribute insome areas.Specifically, this paper mainly composed by the following content:The first chapter, our country criminal law of the defect analysis. The purposeof this paper is to perfect our country sex crimes. Therefore, in the first chapter of thearticle, first of all, the author through various works of sex crimes the advantages anddisadvantages of the concept of analysis, and ultimately all opinions, and combinedwith the essential attribute of sex crimes to sex crime to a more precise definition.And through to the sex crime characteristics are analyzed, so that readers to understand the what kind of crime is the sex crime, sex crime scope a definition.Second, to present the provisions of the criminal law neutral crime analyzing thedefects, and pointed out the criminal law in the subject of sex crimes set on what isnot complete, the scope of object too narrow, and in the present criminal law exists inpart of the sex crime in crime and is not a crime, this crime and the limits of sin anddifferentiate on the problems are not reasonable enough.The second chapter, our country criminal law of perfect thinking. In this chapter,the author introduces the of sex crimes in specific before perfect, from theory andpractice, this paper analyzes the change or perfect possible and necessary. First of all,from the new sex crime leads to serious harm to human rights to equal protection ofthe law and punishment in keeping with the three aspects of our country is necessaryto perfect sex crimes. Second, the author from our progressive crime is the perfect sexculture new changes demand and perfect our sexual offences conforms to thelegislation of our country and improve and perfect the purpose of crimes are richforeign legislation from the three aspects of sexual crime in our country legislation isfeasible. Thus, the author points out that our country sex crimes for perfect is not onlyvery necessary, also is completely can into practice.Chapter3, perfect our country’s sex crime legislation suggestion. This chapter ofour country at present the sex crime legislation to give a few perfect recommendations.First, the author in the influence of feminist far to move women’s sexual concept’sgreat changes, and combined with our country’s at present for men and women sexualassault between people of the same sex abuse fact, put forward the main body of sexcrimes extend to women, will sex crime object expand into the men. Second, becausegay is more and more, lead to the traditional definition of sexual intercourse is nolonger meet our reality the needs of the community, to satisfy people’s realizationmore and more, and in view of the reality of the gay increase and the definition ofsexual intercourse in accordance with the time of the new explanation, that rape andobscene distinguish more reasonable. Again, the author thinks that sexual rights aseveryone birthright, not by the right subject to agree, anyone may infringe upon therights holder. The author in China about the rape within marriage several mainstream view analyses, certainly rape within marriage shall be included in the scope of thecriminal law regulation. But with rape within marriage with general of rape isdifferent, the author puts forward to rape within marriage in legislation, the provisionsfor close GaoZui, and regulation in general rape light clear legal punishment. Finally,the author of the sin of whoring and rape to the terms of the girl to commit adulterycrime subjective aspect and object analysis comparing points, it is concluded that bothsubjective aspect of the elements in the same, the object of infringement. But willwhoring sin as a separate charges against to the protection of the girl, in order tobetter protect the removal, the author suggest will whoring into the sin of rape.