The Problems And The Improvements On The Regulation Of The Sexual Crimes In Our Country Criminals Law

With the rise of the feminist movement, the reform of sexual idea and the diversity ofsexual behavior, the sexual criminal law based on the influence of traditional concepts can nothave deal with the change.In recent years, the scholars discussed warmly on the modificationand improvement of sexual criminal law from different angles.Thus, the author selects thisancient topic and composes based on a new angle about protecting the sexual rights of malejuvenile.The paper refers to the provisions of the western countries and combines with thepractical and theoretical research achievements.In order to benefit of sexual criminal law inChina, the composition puts forward to some suggestions of sexual criminal legislation.There are four parts in the paper.The first part belong to the base of the paper and lays a foundation for the followingidea’s explanation.According to discriminate respectively the concept of sex,sexual ide,sexualrights and sexual crime,the paper clarifies the characteristics of the sexual rights of minorsand the specific content of sexual crime.The second part summarizes the characteristics of modern western sexual criminalregulations and plays a reference’s role in the perfection of sexual criminal regulations inChina.The part is divided into three aspects including the reform of the legislative thought,thecharacteristics of modern sexual criminal regulations and special protection for minors.Thesecond aspect as the focus of this part mainly elaborates four aspects containing giving a newexplanation for sex, expanding the subject and the protection scope of aggressive sexualcrime,realizing decriminalization of sexual behavior involved in commercial activities andadult voluntary gradually and establishing gradually “martial rape”thought.The third part analyzes the defects of current sexual criminal law in China. With theangle of protecting sexual rights of minors, this part summarizes the defects from threeaspects including legislative thought, current criminal law and juridical practice. The secondaspect as the focus of the part analysis three kinds of crimes containing rape, obscenity,prostitution, obscene articles and generalizes series of problems, such as the cramped objectof the crime,the related crimes unreasonable and some concepts fuzziness.The four part belongs to the main content of this paper and puts forward to suggestionsbased on refer to western sexual crime legislations. To be specific, this part emphasizes oncorrectly grasping the principles of criminal law, protecting equally citizens’rights, maintaining the stability and unity of legislation and paying attention to the special protectionof juvenile rights when amend sexual crime legislations. The part also analysis and amendsthree kinds of crimes containing rape, obscenity, prostitution, obscene articles. Furthermore,perfect the related circumstance for sentencing of sexual crimes referring to the western’s andChinese scholars’view.