An Analysis Of The Knotty Problems On Indecent Woman Crime

As the society keeps developing at a rapid speed, people’s vision and values are now changing in one way or another, along with the their views on female image. Different from the feudal society, Chinese women nowadays are no longer the slaves of men and they have been fighting for their equal rights for hundreds of years. Chinese women have improved their positions not only in families but also in academic and social fields. Meanwhile, the Chinese government legislates to provide better protection for women. According to the article 237 of Criminal Law, which is derived from Hooliganism in the article 79, the crime of coercive indecent assault on women are legislated to help women defend their personal rights and sexual freedom. Compulsory indecent woman crime belongs to selective accusations, while when it comes to juridical practice or theoretical application, compulsory indecent woman crime is controversial. So far there is still no consensus agreements on this issue, therefore, it is very vital to explore relative topics both abstractly and practically. In this paper, we will expound and prove the very disputable cases according to the combination of domestic and international knowledge, as well as the study of current situation, in order to discuss the determination, target, and the criminal penalty of indecent women crime. To sum up, this paper aims to provide the conclusion of relative arguments, to offer advices for legislation and particularly to fill the information gap about this topic. In a word, hopefully this paper will contribute to the juridical practice in different ways.This paper is going to explore the knotty problems on indecent woman crime and it can be divided into three chapters. In the very first chapter, we will talk about the determination of indecencies. To be more specific we will consider the categories, disputes, and finally the determination of indecencies. Specifically, in this chapter there are three main parts:firstly the features of indecencies, including case study, theatrical analysis and the argumentations of this issue. It is a very clear idea that there are varieties of standards when we determine indecencies and certainly it is part and partial to reach an agreement. Secondly, the next part will review the determination of "coercive means" in indecencies. As has been shown in the article 237 of Criminal Law, the coercive means of criminals when they assault women can be separated into many levels and we will look into the contents of different levels in the second part. Lastly, the third part is to define "indecencies", in other words it will give a specific definition of "indecent woman crime" on the basis of the first two parts.Furthermore, chapter two will pay its attention to the study of the targets of crimes, and the focus of this chapter is going to be the targets that are always excluded in the Criminal Law (article 237) in juridical practice. However, these targets often fall into similar situations with the ones who are included in the law. This chapter again concludes three parts and each of them is going to demonstrate this issue from different views. At first we will discuss the situation that the range of the targets are narrowing now, as a result in the following part we will suggest that this situation needs to be changed, namely the law should extend the definition of targets of indecent woman crime. At last the final part will give some advices for legislation, aiming to help the law protect the women who are suffering from indecencies.Last but not least, chapter three is going to talk about the criminal penalty of indecent woman crime. In this chapter we will take a look at the proper penalty that should be adopted when worse consequences are happing in the crimes, or when criminal suspects are having had behaviors which exceed the legal penalty. To begin with, we will talk about the simplification of penalty in recent years, and obviously it should not be simplified but extended and detailed, which is the advice that part two and part three will further explain. With the conclusion of chapter three we will better recognize and rationalize the criminal penalty of decencies especially when crimes are worsening in juridical practice.