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On The Lack Of The Criminal Law’s Protection Of Male Sexual Rights

Posted on:2015-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:J ChenFull Text:PDF
GTID:2296330464957067Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the era, the change of concept, social problems about sex get more and more attention of people. Various countries and regions of the cognition of sex is single, they believed that sex is only refers to the breed for the purpose of the combination of man and woman, and ignore the function of sexual pleasure. By now, with the influence of western liberalism and sexual revolution tide, people have begun to accept the sex in the conception of the broad connotation, no longer constrained to the most primitive purposes. Thus, social legal system also needs innovation.Because man have special social status and physiological structure, the traditional criminal law always avoid male sexual rights protection, for a long time, both continental law system and Anglo-American law system, have positive special protection for women’s rights, represented by "rape", no doubt, crime object must include women, but in different countries and regions, the situation which does not include the male is widespread.Our country has experienced thousands of years of feudal society period, Confucius and neo-Confucianism thought have great influence on the ideology, the role of men in the social and family is more special, this leads to the lack of sexual protection of the law in our country, moreover, until today, our country’s criminal law has no positive regulation of male sexual rights protection, which lead to the reality once appear male sexual assault case, they will be shrugged off, it is a embarrassing situation. Positive law of male sexual rights protection is necessary, first, men suffered huge social harmfulness of sexual assault, easy to cause chain of crime; Second, men suffer from sexual assault, the victim’s physical and mental will cause huge trauma, affect individual, family and even social stability and development.To sum up, in order to reflect the spirit of equality in law, in order to solve the new social phenomenon, male sexual rights protection of criminal law must be on the agenda. Concrete embodiment to modify in our criminal law crime of rape and coercive indecency and insulting two charges to modify, expand two types of crime subject of crime and the scope of object of crime, the male subjects, including true equality between male and female rights. In accordance with the law.
Keywords/Search Tags:Male sexual rights, lack of protection, criminal law, legislative proposals
PDF Full Text Request
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