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Legal Analysis Of Sexual Offenses Against Young Girl And Its Perfection

Posted on:2015-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:J OuFull Text:PDF
GTID:2296330464959706Subject:Law
Abstract/Summary:PDF Full Text Request
Sexual offenses are one of the most common types of offenses, since the ancient times. To consider the psychological and physiological conditions of the young girls, a sexual offense against an underage girl causes great harm and serious problems on victim. And it might cause even more serious problems, if not handled properly. The protection of the rights of underage girls cannot be ignored. A sexual offense against young girls is an extreme crime and thus it is strongly concerned by the whole world.This article aims to analyze the problems related to sexual offenses against young girls by focusing the controversial points, in the light of the criminal laws of different countries and regions; also researching the legislative situation, combining with the real situation. From the perspective of the protection of legal interests, such behaviors as rape, child molestation, crime of whoring young girls etc. are all considered as calculated crime to protect the mental health and rights of young girls. Thus, it is claimed to offer a reasonable proposal against the legislative system for the sexual offenses against young girls, under the light of the principles of "balance to scales" and the protection of the young girls.This article is divided into three parts, except the introduction and epilogue:The first part firstly defines the concept of the sexual offenses against the young girls. A sexual offense against a young girl is the type of offense that violates the freedom of decision for sexual activity of the object, while the young girl is the object to the offense and the direct victim. Secondly introduces ancient traditional and current legislation of the China on sexual offenses against young girls. Finally draws a world-wide picture of the different countries and areas on the topic by specifying the situation of China.The second part analysis the legislative judgments of Chinese Criminal Law by mainly analyzing three crimes as carnal knowledge of a minor, child molestation and crime of whoring young girls, and their relations within each other. It analysis the crime of carnal knowledge of a minor by subjective elements, pointed out that for the protection of young girls must also implement the principle of unity of subjective and objective. In the legislative analysis of child molestation, this article analyzes the connotation of indecent behavior. Finally, at the analysis of the crime of whoring young girls, it explains this type of relation from the perspective of rape.The third part mainly starts from the legal protection of the young girls and how to perfect the safeguard of young girls against sexual offenses. At this part mainly offers two safeguards:first is, China, after fully understanding and great scientific researches, may consider Chemical castration law; secondly, from the perspectives of improving the criminal justice system and the protection of the young girls, China may conduct moral damage compensation system, in criminal incidental civil action.In conclusion, as a result it can be said by observing the legal development of China that to improve and consummate the protection system of young girls, China needs a long term strive, and looking to the target proposed in the future.
Keywords/Search Tags:the Sexual Offenses against the Young Girls, Rape, Crime of Whoring Young Girls, Chemical Castration Law
PDF Full Text Request
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