| In recent years, the increasing frequency of child sexual assault cases has arousedgreat repercussions. These cases are hitting the bottom line of the law and stimulatingpeople’s moral nerve. In addition to condemnation the sin of the criminal conscience,the public calls on the community to increase efforts to protect the children.Compared to adults, children’ self-protection is distinct weak which means they aremore likely to become criminals’ targets, especially when confronted with sexualassault.As Penal sanctions is severer than other branches of law, criminal law is the mostpowerful tool to protect the sexual rights of children. For sexual crimes againstchildren ramping up,the task of criminal punishment is more urgent along with theprotection. At present, the protection in China’s Criminal Law is mainly reflected inthe specific provisions, including rape, child molestation, crime of organizing,forcing, inducing, housing and introducing prostitutes,luring young girls intoprostitution crime, whoring a girl under14, etc. Although the criminal law has built arelatively protection network, but for now, this safety net have many sorts ofomissions. In addition, the theory and practice have controversial opinions on therelevant provisions, the judicial interpretation of provisions, and the specificapplication. In order to strengthen the research on the protection of child sexualrights in criminal law, the paper will be discussed in three aspects.The first chapter is the brief description of the basic concepts of children andsexual rights of children. First, the article clears the concept of children in criminal law and separate it from other legal entity. Then clarifies the concept of sexual rights,points that children are the subject of specific sexual rights and they enjoy the samesexual rights as adults. Secondly, analyses the current situation of child sexual rightsbeing assaulted and indicates the urgency of protection on child sexual rights, thenexplained the reality of the harmfulness of such cases from the status andcharacteristics of crimes.Come with the second chapter is the defections in criminal law legislationprotecting the sexual rights of children. First, the article sorts out provisions on theprotection of the sexual rights of children in China’s Criminal Law. The system ofprotection is relatively complete, but flawed still. Secondly, problems existing incurrent criminal law are as followed: The scope of protection is limited that boys’sexual rights are not taken seriously. Legal interest is not protected on a balancedlevel that child prostitution are classified as crimes against social management order,which is inappropriately divided. The lack of independence makes child sexual rightsthe subsidiary of adult sexual rights. Thirdly, analyses typically problems of specificclauses, focused on Raping girl under14and Whoring girl under14. Then discussesthe confusion of constitution elements on how to distinguish crime from innocent andthis crime from that. Fourth, analyses the reasons of the flaws of criminal regulationon the crimes of children sexual assault, including traditional concepts of criminallegislation and inherent defect of statute law.The third part puts forward to the improvement of our criminal law legislation onprotection of the sexual rights of children. First, draws the relevant provisions ofextraterritorial criminal law as a reference for the protection of the sexual rights ofchildren in our country. Secondly, introduces new legal provisions on sexual assaultagainst children and points out the significance of its progress and shortcoming,hoping to attract the legislation. In addition, discusses the feasibility of legislation ofchemical castration implemented to pedophiles, study the pros and cons of chemicalcastration and current shortages of implementation on chemical castration. Finally,shows some recommendations for legislation to modify the defects mentioned in thesecond chapter. |
