| Criminal law is provisions of laws and regulations of crime, criminal responsibility andpunishment. It is recognized by the subject of crime who should bear the main responsibilityon the legal interests he is infringed to deter and curb crime. Sexual taboos in the previous eraof human civilization already existed, it is one of the oldest criminal offense after the start ofa civilized society, owns the history almost as long as criminal law. Due to the particularity ofphysical, psychological and social roles, and compared with men, women are disadvantagedgroup in society. Girl’s body and psychology is still in the developmental stage. Whencompared with adult women, awareness of people and things, analysis, discernment ability,self-protection and defense ability obviously lack. Young girls are vulnerable, for young girlsmore prone to sexual assault.In recent years, female sexual assault cases have occurredfrequently, such as the prominent cases "Wu picking Yin for Yang","Guizhou whoring case","Henan officials raping girl case"and "Hainan Wan Ning principal margie case", and theoccurrence of these cases, not only seriously ruin the girl’s physical and mental health, butalso produce great negative effects on the family and the society. In order to prevent theirreversible violationabuse to the infant growth caused by the sexual assault, we must preventand punish this criminal behavior strictly by criminal law. Nowadays, China’s criminal lawon the crime of sexual abuse of young girls has a more complete requirements: Crimeoffenses such as rape, forced child molestation, forced prostitution, sex crimes, luring younggirls into prostitution, girl sex crimes, etc, established in Chapter IV and Chapter VI.However, in the case of young girls in a vicious sexual assault frequent background, currentcriminal law is gradually revealed many problems. In order to crack down on young girlsphysical, psychological serious violations of sexual crimes, Supreme People’s Court,Supreme People’s Procuratorate, Ministry of Public Security, the Ministry of Justice jointlyissued the "About punishing crime of sexual abuse of minors advice" on24October2013.Theintroduction of the comments on the purpose and content are greatly reflect thenational concern for young girls, and the protection of the interests of the criminal law. In thispaper, study the issue of sexual offenses against young girls through the literature review, empirical research, comparative analysis, qualitative analysis methods. In addition to theintroduction, the body is divided into five parts.The first part is the basic content of crime of sexual abuse of young girls.First of all,define criminal acts of sexual abuse of young girls,‘sexual abuse of young girls crime’ isdefined as: the perpetrator to commit adultery, indecent, enforced prostitution, whoring andother illegal means against the girl’s body, in order to satisfy their sexual needs perpetrator, orthe use of sex in order to achieve certain benefits, which makes great harm to physical andmental health of young girls, the behavior of the negative impact on the social order. Thispaper analyzes the number of increasing year by year, and the growing numbers involved andthe reasons in recent years and points out the damage and impact of the sexual assault femalecrime to the girl’s physical and mental health and the family and society.The second part of the study investigated the sexual abuse of young girls outside thescope of crime legislation, First, start the study with our history of sexual offenses againstyoung girls, mainly after the founding of Peoples of Republic of China, analysis of sexualoffenses against young girls in the79years and97years of Criminal Law. Then theinternational conventions, common law countries, civil law countries legislation on sexualoffenses against young girls contents were compared. Lastly, through the introduction oflegislation outside of historical experience, which makes ground for the study of China’scriminal law crime of sexual abuse of young girls.The third part analyzes the crime constitution of sexual abuse of young girls, from thefour parts of the legal interest, the criminal behavior, the body and the deliberation, and putsforward some views to more controversy over the criminal law theory and judicial practiceproblems.The fourth part is the sexual abuse of young girls for the crime of judicial determination.According to the article, confirming the qualitative violation female crime in the judicialpractice must focus on two questions. First, several major criminal offenses of sexual abuse ofyoung girls should make a distinction: Rape and child molestation, Rape and girl sex crimes,Forced prostitution and prostitution of young girls lured to distinguish. Secondly, rape, girlsex crimes as an example to elaborate the issue lapping of Legal Provisions. The fifth part is the question of our country’s sexual abuse of young girls’ legislationissues and perfect of it. This paper considers that existing criminal legislation criminal sexualabuse of young girls has formed the complete system, but the chapter attribution chargessettings, expressed guilt to criminal law configuration have been unreasonable. So, this paperadvises that improving the relevant legislation should follow the principles of balanceprotection, special protection and effective protection readjust layout section, and integratingthe sexual assault crime to the chapter of infringement of citizens’ personal rights; makereasonable adjustment charges, recover adultery sex crimes, cancel girl sex crimes, increasepenal penalties. |
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