Research On The Problem And Suggestion Of Raping Underage Girls

In recent years, crime of raping underage girls have occurred frequently, and showing a growing trend. Such cases have the features of multiple injuries, serious consequences and persistent hurts, which will give the growth of children an indelible shadow. So we should pay more attention on this problem. In our legal status of the current criminal law, there are still many unreasonable and non-standard places, which is difficult to carry out effective regulation of such behavior; The application of the law is unclear or unified that we need to further clarify; Process for dealing with the case is not careful or perfect, which is also difficult to achieve full protection of the rights of the child."About punishing sexual assault crimes by minors opinions"(hereinafter referred to as the "opinions") show the attitude and determination of our country to severely punish the crime and fully protect the rights of the child’s, which has certain positive significance. However, as it is only a judicial policy documents, so we can not on excessive rely on it. It should be referred to the height of the legislation. This paper is based on analysis of the problem of the applicable of statutory rape crime and setting of the accusation and so on, and then put forward the corresponding improvement suggestions, which is objected to regulate the behavior of the rape against young girls and fully protect the victims of child.The full text is divided into five chapters:The first chapter is the study of empirical on the process of application of statutory rape. On the basis of 96 cases of judicial judgment, this paper primary analyses the special subject of crime, juvenile crime, resulting in suicide act or pregnant consequences, person’s criminal record and misdeeds, with a view to understand the status in a multi dimension and perspective and reveal the existing problems in the process of application.The second chapter analyzes the problem existed in rape crime of young girls. First of all, discuss the problem existed in the process of application, which may be owed to the lack of legislation or the foggy definition. Secondly, analyze the inherent problems based on charges, including charges of setting, related words, criminal subject and formulation of the expression etc.The third chapter explains the criterion when to perfect the rape of young girls. It should be based on the clear understanding of the serious harm to the society, implement the principle of the best interests of the child from beginning to end, and combined with our country’s current criminal policy and foreign useful legislative experience, provide the correct orientation for perfecting the carnal knowledge of a child rape.The fourth chapter puts forward the suggestions on crime of raping underage girls. Several problems on legal application of crime should be clear: special subject as the statutory aggravating circumstances; grasp the principle of treatment for sexual relations between minors which is aimed to prevent confusion in judicial practice; be clear in what circumstances suicide and pregnancy should be aggravating circumstances; actively explore other penalty method to effectively realize the special prevention effect. Additional, according to the problems of crime setting, suggesting set a crime of sexual intercourse with children.The fifth chapter relates to the legal remedy of children victims. From the perspective of specific process of cases dealing, combined with the provisions of "opinions", discuss the problems which may existing in the protection of children’s rights and interests, and put forward the corresponding improvement suggestions, such as detailing the provisions that prevents children from second hurt, perfecting legal aid rights, endowing with the right to compensation for moral damage, and puts forward the tentative idea on the construction of child sex offender information disclosure system.