On The Criminal Regulation Of Homosexual Compulsive Sexual Behavior

In world history,the homosexual sexual behavior phenomenon recorded in historical data is common.In Chinese some ancient dynasties,the phenomenon even abounded.In modern times, with the development of social culture, people gradually understand of some idea and the phenomenon through increasingly developed media, the phenomenon occurred in homosexual sexual behavior also shows a trend of rising.In recent years, cases on homosexual compulsive sexual behavior are frequently seen in a variety of media terminals. And based on our current "Criminal Law", homosexual compulsive sexual behavior is not clearly defined like rape as well as the relevant provisions, but this "criminal" act has considerable social harm like the criminal act of rape. Therefore, the study on legislative regulation of homosexual compulsive sexual behavior has a positive meaning for the protection of vulnerable groups.In legal history of China and some other countries in the world, there have been legal provisions of homosexual compulsive sexual behavior. However, up to now, in view of China’s "Criminal Law" for the establishment of such "criminal" behavior is not perfect, should be based on the foundation of laws appeared in Chinese legal history and the relevant legislation in other countries, and on the premise of not blind copy,the criminal legislation should be in agreement with both contemporary and future issues.The author will make legal analysis of homosexual compulsive sexual behavior in the form of case studies and make recommendations to improve legislation in the end of the paper.The paper is divided into four chapters:The first chapter will present the main argument through analysis of a typical case decided by the people’s court and some other relevant cases,then state the research methods and status.The focus of the second chapter will make the legal analysis of charges involved in the case, and at the same time clarify the boundaries between homosexual compulsive sexual behavior and act of rape.The third chapter will cite the judicial process and the attitude of the judicial practice of according to the focus of controversy in the case.The fourth chapter will put forward some constructive suggestion to make up for the lack of provision regulating homosexual compulsive sexual behavior in "Criminal Law" based on analysis of the previous sections.