Study Of Protection Of Minors’ Sexual Rights By Criminal Law

The sexual rights of minors is an important right.As a vulnerable group, minors lack the ability of judgment, and are not able to exercise their sexual rights independently..Minors usually suffer from sexual abuse.In recent years, many cases of sexual abuse of minors occur and cause serious influence on minors’ physical and mental health. Therefore, it is necessary to perfect he criminal law to protect minors’ sexual rights.This paper mainly adopts document analysis method,case analysis method and comparative research method. This paper introduces the defects of protection of minors’ sexual rights and puts forward suggestions to improve protection of minors/sexual rights. This paper mainly includes the following four parts:The first part is a summary of protection of minors’ sexual rights by criminal law. This part firstly introduces the definition of minors, and distinguish minors from children.And then analyzes the definition and historical evolution and contents of sexual rights.In the end,this part points out the importance of protecting minors’ sexual rights.The second part introduces the present situation of protection of minors’ sexual rights by criminal law in China. And points out the existing defects, Including the defect of the age of sexual promise, the defect of the rape, the defect of whoring crimes, and the lack of laws to protect minors from internet pornography crime.The third part introduces the new trend of protection of minors’ sexual rights of Hong Kong, Macao,Taiwan and some foreign countries,including setting the age of sexual promise,increasing the criminal punishment,redefining the meaning of "sex", expanding the subject and object of rape,introducing specific identity into sexual crimes, as well as regulating the internet pornography crime.The fourth part points out the suggestion to protect minors’ sexual rights by criminal law in China,including: hierarchically setting the age of sexual promise,breaking the gender imbalance of sexual rights,introducing specific identity into sexual crimes,and legislating special laws to protect minors’ sexual rights.