Study On The Criminal Protection Of The Sexual Rights Of Men

Sexual Rights is the basic and important human rights and all countries of theworld levy heavy fines on sex crimes. In Chinese criminal law, regulations on sexcrimes are mainly reflected in regulations on infringement of personal rights anddemocratic rights, the main charges of rape crime and compulsory indecent womancrime. But due to new sexual assault cases appear constantly in the society, In ourcriminal law stipulation about sexual crime has been unable to adapt, these casescannot be solved effectively in judicial practice. Rape legislation deficiencies mainlyare criminal object too narrow, Men cannot be the object of sex crime, make the malesexual rights can not be protected, it is because of the limitation on object, womennot constitutes a crime the main body, the female of male sexual rights infringementcases in practice process is also a lack of legislation basis. Too narrow a definition ofsexual intercourse, rape is limited to the traditional sense of sexual intercourse, analsex and oral sex, anal sex and foreign bodies sex are not within the scope of sexualintercourse. the protection of girls is relatively comprehensive, not only has astatutory rape crime and compulsory indecent child crime and crime of whoring witha girl, but for the boy’s sexual rights protection is not comprehensive, onlycompulsory indecent child crime to protect under14years old boy, but more than14years of age under18years of age the boy’s sexual rights is blank in legislation, andno corresponding protection rules. For infection because of rape serious diseasesituation is lack of clear rules. Compulsory indecent woman crime, which is the maindefect of criminal object is too narrow, the limit on men. Obscene definition is toofuzzy, the lack of a clear definition.Male sexual rights protection of criminal law has its existence necessity,importance and feasibility. Its importance lies in the first, for male sexual rightscriminal law protection is conducive to the protection of human rights, the sexualrights as an important human rights, for male sexual rights criminal law protection canmore comprehensively protected sexual rights criminal law and human rights.Second of all, the male sexual rights criminal law protection can help to realization of the purpose of criminal law its necessity is mainly based on the case situation andserious social harmfulness of male sexual assault. Its feasibility is male sexual rightprotection of criminal law has legal basis, social basis and practice basis. The legalbasis is mainly about sexual rights content and properties defined in declaration ofsexual rights The social basis is mainly is gay, the increasing number of gay sexualassault cases occur frequently. Practice basis is China’s first male sexual assault shallbe investigated for criminal responsibility. This shows that our country is intended topunish male sexual assault case, but due to the lack of legislation on sexual assault,cause in the judicial practice in sex crime cannot be dealt with.Many other countries have legislation cases of male sexual rights. For malesexual rights protection to take three main forms: Legislative model for direct regulatefor men as the object of rape, through other sex crimes determine male sexual assaultcrime of legislation mode and male sexual assault be alone crime into the legislationmode. From the legislative cases, we are not difficult to see, abroad for male sexualrights protection legislation trend: first, the unity that the protection object of sexualabuse is a person’s personal rights; second, for male and female rights to equalprotection; third, for the concept of sexual intercourse not formality.Foreign countries legislative cases of male sexual rights for our country’s legalprotection to provide the reference, the author also on this basis provides thecorresponding improvement suggestions. In rape, argues that the expansion of rapecrime object and subject, redefining the concept of sexual intercourse, paying moreattention to the boys’ sexual rights of the criminal law protection, commit adulterygirl crime object expand for children introducing the rape of people infected withserious illness as its aggravating circumstance. In the coercive indecency and insultingoffence against women, based on the clearly defining the concept of obscene, expandthe criminal object of this crime, charging it for "coercive indecency sin".