On The Protection Of The Minors’ Sexual Rights By Chinese Criminal Law

Sexual rights are human beings, deserve and should be subjected by law andprotection, the free expression rights of the wishes of their sexual. Sexual rights areuniversal human rights, human rights and sexual rights are just minor epitaxialdifferent connotation and there is no difference between the concepts of sexual rightsapplies equally to minors. In combination with traditional medicine, biology, standardand according to the sexual freedom, equal rights, the pursuit of sex right and sexrelief right four concreteness rights, and the kinds of sexual rights can be summarizedinto four kinds, namely four of adult male sexual rights, adult women’s sexual rights,four young men of the four types of sexual rights and four of juvenile female sexualrights.The minor male sexual rights and female minors rights and can be furtherdivided by14years of age and16years of age for the two boundary.Criminal law is the last barrier to the protection of human rights, but the existingcriminal law protection of the rights of minors in the protected object protectedcontent protection mode and protection efforts in four areas, there are many defects.The protection of the rights of male sexual specifically, the protected object, there is aserious gender discrimination and gender human rights protection is no legislativebasis. On the protection content, whether young children enjoy and exercise theindependent decision rights provisions is not clear and there is no specific provision inthe sexual harassment, sexual exploitation. Commitment than single age line controlmode as well as child prostitution, sexual crimes are classified improper in the way ofprotection. On the protection efforts, the lack of sentencing in the general provisionsof criminal law general provisions and specific provisions of criminal law in the legalpunishment of Settings.To improve the criminal law on the protection of the rights of minors’ defects,corresponding to proceed from the four aspects of the object of protection, contentprotection, protection mode and protection. On the object of protection, on the onehand, the elimination of the criminal object gender discrimination. The object of thecrime of rape and indecent crime expanded to minors men, at the same time, theexpansion of "prostitution" target of a crime, amend the lure female prostitution crimeto lure child prostitution crime, and according to the temptation to engage inprostitution crime legal punishment shall be given a heavier punishment. On the other hand, increases in sexual human rights protection of the criminal law provisions. Onthe protected content, clarity, self-determination rights legislation, the abolition of girlsex crimes requires children shall not exercise its discretion rights. On this basis, onthe one hand, the additional offense of sexual harassment, the behavior ofnon-coercive means to harass another person, causing serious injury, death and otherserious consequences, given to criminal sanctions. On the other hand, the perfectsexual exploitation legislation, clearly the concept of "sexual exploitation" in thetheory of criminal law, and for specific offenses such as the crime of child traffickingand other content adjustment. In the way of protection, on the one hand, the age ofconsent for sexual reasonable control mode, the distinction between the absolutenature of the age of consent line, relative commitment of age lines and a generalcommitment to the age line. On the other hand, the crime of "prostitution" reclassifiedto the crime of violation of civil rights. Protection efforts on the one hand, the increasein sentencing the general provisions of the Criminal Law General on the human rightsof minors, on the other hand, the Criminal Law flaws in the legal punishment setperfect.