On The Criminal Punishment Of Child Molestation

Because of physically not strong, mentally immature and intellectual adequately, children are more vulnerable to the temptation of the outside world, and thus cause the psychological shadow, will affect their lifetime, and may be potential factors to bring out crime. There are many unreasonable places in the existing criminal law about the regulation of sexual assault crime, especially to the provisions of the children, and many illegal behaviors will not be able to reasonable regulated. And continuous revelations of child sexual abuse cases in recent years, which deeply hurt her public sensitive nerve, the reports of sexual assault students of primary and secondary school by teachers are more and more. Punish perpetrators calls for are louder. On the one hand, continued high sexual abuse children behavior. On the other hand, because of the existence of loopholes and legislative lag, our country’s present criminal law in the children suffered from sexual abuse of the law, to deal with is not perfect. How to reasonably deal with the sexual abuse of children cases of criminal punishment caused the attention of the society. That also caused continuous hot topic related to the protection of children.In this paper, by the analysis of related behavior in the view of criminal law point, comparing with foreign legal regulation on sex behavior, to modify the current criminal law in China, in order to regulate the behavior of sexual abuse of children more reasonable, to suppress crimes, effectively safeguard the legitimate rights and interests of children.The first part of this paper is an overview of sexual assault behavior by identifying the concept and characteristics of the sexual assault on children. By analysis of the child’s age, I has been clear about that the children should be defined as the people under the age of18, argue the concept of sexual assault children’s behavior, the sexual abuse of children’s behavior characteristics are summarized, and the actions of the sexual abuse of children.The second part, respectively analyses present situation of criminal legislation about the sexual abuse of children behavior, and analyzes present situation and deficiencies about the child rape behavior, child molestation behavior and whoring behavior criminal legislation. Crime of whoring behavior in separate process is reviewed. This paper expounds the necessity of cancel the crime of whoring with a girl.The third part, by the related case summary analysis, I demonstrate the realistic necessity of criminal law regulation of sexual abuse on children, and put forward the judicial practice for sexual assault face the embarrassment of children’s behavior.The fourth part, by comparing regulation about sexual abuse of children in the criminal law of our country and outside about the status, I find out the advantages in each country, and clarify the shortage of the current legislation.The fifth part, I puts forward our country law legislation suggestions on sexual abuse on children and demonstrates the crime of whoring with a girl under the existence of unreasonable places. It is clear that I support the view that the abolition of the crime of whoring.The sixth part, put forward the suggestions on the judicial process of sexual assault crime punish,respectively is sexual assault case children behavior program, legal aid, check points and the content of the mental damage compensation, constructive Suggestions are put forward.