The Research About The Perfection Of Legislation Of The Obscene Crime

Indecent assault is one of the main form of sex crimes, and is one of the important crime about infringing upon the personal rights of citizen in our criminal law. As a kind of obscene、dirty behavior, it not only damage the good social atmosphere, but also seriously violated the sexual rights of others. There were two charges in the existing criminal law about the indecency.They are compulsory indecent woman crime and indecent child crime. It must say that, compared with the old criminal law, criminal law of 97 treats the indecent behavior as independent crime provides a better legal protection and legal basis on protecting citizens’personal rights, especially the sexual self-determination of women and children. But there are still many legal blank and shortcomings,such as the scope of obscene object is too narrow, the coexistence of indecency and insults is unreasonably, many kinds of punishment of the aggravated consequential offense were missing, some serious kinds of indecent behaviors are lack of regulation. According to the requirement of social development and the protection of human rights, the regulation of our country’s criminal law about the indecent assault should to be perfected.There were three parts in this paper. The first part is the summary of indecent assault. It mainly talk about the legislation history、the concept、the characteristics of the compositions、classification the meaning of the research of the indecent assault. The second part is the legislative defects of obscene crime in our country. This part of the exposed aspects, we do a summary about the legislative defect from the typical cases from judicial practice. The third part is the perfection of legislation, we give advises about the problems based on reference of the other countries’ legislation.