On The Legislative Perfection Of Indecent Assault

Indecent assault is one of the main forms of sexual crimes, as a class ofextremely obscene, indecent criminal acts, not only destroying the sound in socialconventions, but also a serious infringement of the owner’s sexual rights, which is animportant violation of our citizens, according to the Criminal Law provisions crimepersonal rights. There are two counts of specific provisions of China’s currentcriminal law against indecency, which are compulsory indecent women and childmolestation crimes. It should be positive that the old Criminal Code provisions onindecency that making a separate crime of indecency with a more favorable legalprotection and legal basis for the protection of civil rights groups, especially in termsof sexual autonomy of women and children and other decisions. Although our countrycriminal law now made many perfect of indecent assault, there are many gaps anddeficiencies still exist., such as obscene objects scope is too narrow, caused manylewd behaviors and insulting behaviors are unreasonable coexist together, missingconsequential aggravated penalties prescribed circumstances and making it quite apart of serious violation of the rights of citizens of indecency that cannot find a legalbasis in the current criminal laws. Resulting in a large number of victims can notenter the door of the law to defend their rights. Based on the above situation, theauthor analyzes and researches compulsory indecent female crime of our country onthe perspective of modification.Mastery of indecent assault should be based on comprehension of the obscenity.This article first introduces the legislation history of obscene crime in our country,and then defines the meaning of obscene, which points out that as long as oneimplements behavior relate to sexual immorality, nasty action except sexualintercourse, he can be considered as indecency. On the interpretation of legal interestfrom the perspective of compulsory indecency, the essential characteristics of thecrime of insulting women focus on analysis of the essential characteristics of thecrime was “against her will " rather than " mandatory ". Then, based on the mainstream of sexual mores, considering the needs of thedevelopment of current society, observing the principle of protection citizen’s rightsequally, this thesis takes Rechtsgutverletzung as gist and judgment standard for theestablishment of crime, elaborates the defects existing in the indecent assault in ourcountry and completes the legislation suggestions. For example, in order to eliminatethe artificial gender setting to the object of crime, bring male citizens who is over14into the indecent assault object, and govern the behavior of obscene men, it should bemodified and completed on the aspect of legal interest protected by coerciveindecency and insulting women crime, objective aspect of crime and subjective one,so that any citizen can be the object of crime of indecent assault, and the modificationcould more widely protect citizens include all male citizens of sexualself-determination.In the part of conclusion, it puts forward the solutions of perfecting our country’sindecent assault, namely at the same time of reservation of child molestation, itshould reserve coercive indecency and insulting women crime in our current criminallaw article237to compulsory indecency, expand the scope of criminal law protectionof indecent assault, and perfect our system of indecent assault.