Study On The Protection Of Male Sexual Right In Criminal Law

Male sexual rights, especially violating the will of man, have always been acriminal law of disdain. Despite in China the problems of protecting male sexualrights is gradually becoming a hot spot, the scholars mostly do some one-sidedresearch from the specific charges or legislation, instead of the systematic research. Inaddition, the events about seriously violating male sexual rights are growing. Thus,the protection of male sexual rights should be paid enough attention in the theory andpractice of criminal law.The paper, in view of the urgent demand of theory and practice, makes variousresearch methods to systematically study the protection of male sexual rights incriminal law, and to raise the prospect of the legislation and justice. The paper mainlyconsists of fiver parts.The first part is the definition of basic concept of male sexual rights. This part isto define the connotation of men and the sexual rights in law. Sexual right is identifiedas "men and women are entitled to the right of sexual activity".The second part is about the basis for the protection of male sexual rights incriminal law. This section is mainly studied from five aspects of the theory ofcriminal law, judicial basis, sociology, history and biology, to raise the basis ofimproving the protection of male sexual right in criminal law in the theory andpractice.The third part is about the scope of the protection of male sexual rights incriminal law. This part is, by establishing the safeguard and combat as the basis ofcriminal law protection, to finally define the scope of the protection of male sexualright in criminal law，which contains nine categories of male sexual rights.The fourth part is to analyze the problems and causes about the protection ofmale sexual right in criminal law. At present, the problems of the protection of malesexual right in criminal law are mainly in the legislation and justice.These are mainlycaused by the legislative technology, criminal policy, social culture, cognition of man itself and so on.The fifth part is the prospect of the protection of male sexual rights. This partcontains two aspects of legislation and justice. In legislation, it is revising old chargesand adding new charges to construct a complete system about the protection of malesexual rights. In justice, it takes example by the foreign experience of the protectionof male sexual rights and domestic experience of the protection of female sexualrights to put forward to some opinions to protecting male sexual right in the domesticsituation.