Criminal Regulation Of Sexual Abuse Of Minors

Minors are the future of country and society. But as they are not mature in mind and body, it is easier to be involved in the cases of sexual abuse of children that creates a great harm to minors’ body and mentality and that creates adverse effects on the country and society. The law is the product of the will of the ruling class. It is also a social domination tool. In order to ensure the stability of the social order, law must have stability and hysteresis. Criminal law is also no exception. But with the rapid development of society and people’s consciousness changing, some new crimes-the new way of sexual abuse come to people’s vision, such as male rape or obscene of minors men (what people called sodomy), women raped or molest underage male, whoring girls and other acts occur, making the characteristic of the criminal law ——hysteresis was even more prominent. In order to curb the crime and protect the legitimate rights and interests of minors, foreign countries according to these situations, incline to make corresponding amendments to the criminal law in vary level.In China, because of the traditional concept, no giving a positive response, which makes current criminal law has many unreasonable rules. It also makes many acts cannot regulate reasonably, even regulate. This paper, through the analysis of current sexual abuse of children from the aspect of law and compared with other countries’ laws, put forward some suggestions and advice to improve our law, in order to come true the reasonable regulation of sexual abuse of minors and achieve the aims of publishing the convicts and protecting minors.This paper consists of four parts. Firstly, this paper introduces some related conceptions of the acts of sexual abuse of minors, such as the theoretical conception of sexual abuse, compared with the different boundaries between children and minors age. And what we called minors is equal to foreign law’s children. Secondly, it analyzes the social situation of sexual abuse of minors and extract the features of sexual abuse of minors behavior.Secondly, this paper focuses on the analysis of the present situation of criminal legislation about the sexual abuse of minors. On the same time, it states our country’s present penal law’s situation and shortcomings about the crime of rape, indecent child crime and crime of whoring girls under 14 years old. Rape on the actors did not include women, the object does not include men, in the infringement means only includes the traditional gender intersect way which is single, unable to regulate the new crime way. Indecent child crime in the protected object is too narrow and the full 14 years of age under the age of 18 minors is excluded. It’s behavior fuzzy. The problem of crime of whoring girls under 14 years old is mainly the regulation of behavior can be included in the scope of the crime of rape, do not need to exist alone.The third chapter, firstly, elaborates the criminal law status of English’s and American’s which are more advanced; then secondly, compared with our criminal law, states the disadvantages of our law and getting the useful information from them. The subject of crime and abuse can be expanded to include all people, do not need to distinguish sex; sexual abuse behavior can be diversified, including sexual intercourse and anal sex; the subjects of the crime shall be punished can distinguish between ages to maximize the protection of minors and punish criminals.The fourth chapter refers to the necessity and advice of improving our penal law about the acts of the sexual abuse of minors. First it makes clear that the acts of sexual abuse of minors has serious social harmfulness, then put forward some perfect suggestions and advice to comprehensively protect the rights of hurt minors, for example,expand the subject of the crime and victims of rape, classified according to the different levels of the victim’s age, clear the indecent child crime patterns and refinement of the sentencing range, the abolition of the whoring girls. At last, make sure that the punishment fits the crime.