Legal Consideration Of The Criminal Punishment For Sexual Assault Towaeds Juveniles

Sexual assaults towards juveniles not only seriously violate personal rights of juveniles, but also severely jeopardise public order and good social customs. So far China has formulated a series of relevant laws, regulations and policies in order to protect juveniles through legal perspective. However, in the area of Chinese criminal law, even though there are regulations relate to the sexual assaults towards juvenile, there still are inevitable problems in judicial practice. On October 23, 2013, the Supreme People’s Court and the Supreme People’s Procuratorate, Ministry of public security, the Ministry of Justice jointly issued “opinions on sexual assaults against minors “(hereinafter referred to as the opinion), which provides more detailed applications for judicial investigators on criminal judicial procedure. However, the opinions also left some drawbacks. The regulation on sexual assaults towards female under 14 years old, compensation for mental damage of sexual assaults and sexual assaults towards male juveniles still pending to be improved. As a result this thesis analyses domestic and foreign legislation of sexual assaults against juveniles, as well as the drawbacks of the opinion and current Chinese criminal code, and focus on perfection of the legislation of sexual assault towards juveniles and protection of juveniles’ personal rights, and development of juveniles’ mental and physical status. The contents are as follows:First part of this thesis mainly discusses the background, the relevant research status and the significance of the topic. The second part of this thesis is the summary of sexual assaults towards juveniles, including the concept, figures, categories and the establishment of the legislation of sexual assaults towards juveniles. The third part of the thesis analyses the Chinese legislation of sexual assaults towards juveniles, the secondary damage towards juveniles after the sexual assaults, the legal difficulty on whether maintain or abolish the crime of sexual assault toward female under 14 years old and whether to legislate the crime of sexual assault towards male juveniles. The fourth part analyses the legislation for sexual assaults towards juveniles in Germany, America and Japan. Also describes the figures and tendency of the development. The fifth part mainly discusses four problems that are the legislation for perfection of sexual assaults towards juveniles, the way to avoid the secondary damages towards the juvenile after the sexual assault, whether maintain or abolish the crime of sexual assault toward female under 14 years old and whether to legislate the crime of sexual assault towards male juveniles.