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On The Protection Of The Minors’ Sexual Rights By Chinese Criminal Law

Posted on:2016-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:X P YangFull Text:PDF
GTID:2296330470477078Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Rights that are regulated by law, to implement the right of free expression of sexuality and sexual desire. In recent years, more and more young people are sexual abuse cases surfaced as the media, causing widespread concern in the community for the protection of minors’rights issues. China’s current criminal law the protection of minors’rights are relatively strict, but there still remain many shortcomings. According to discover a problem-solving ideas to write, through in-depth analysis of the age for sexual consent, protection of objects, content, protect the legal interests of the four defects, and put forward proposals on the relevant legislation, hoping to strengthen the protection of criminal law on minors’rights. More specifically, the paper is divided into four chapters:Contents chapter introduction. Analyzing the research background, research, methods and ideas.Chapter for an overview of the rights of minors. This chapter is divided into two parts, the first part of the clear meaning of the minors’ rights. Concept is the so-called stated in advance, clearly defined concept is the premise we study a particular issue, clearly defining the concept of the rights of minors are therefore we investigate the premise and basis of the criminal law protection of their rights. Part two describes the State of the rights of minors who are victims and damage, which makes us even more there is a need to explore ways to improve the protection of criminal law on minors’ rights.Chapter Ⅲ content for minors’ rights criminal protection of the status quo and defect analysis. This chapter first discusses the criminal protection of minors’ rights situation, and on this basis from the age for sexual consent, protection, protect, protect the legal interests of the four analysis of criminal protection in terms of defects. China pair set a single age for sexual consent, should learn from Hong Kong and Macao regions legislative mode, divide set the age for sexual consent age lines. Protecting objects, there are two flaws, namely the lack of male minors’ rights; independence of the lack of protection of the rights of the child. Protected content, the autonomous right of vague legislation, protection of right to information is not perfect, reflected for the protection of minors’ rights in the cyber crime is not perfect. On the protection of the legal interests, and on the protection of the rights of minors there is a serious imbalance.Fourth chapter for legislative improvement of criminal law protection of the rights of minors, which is a core part of this article. Defects of the corresponding chapter, the chapter corresponding to the age for sexual consent, protection of objects, contents, introduced legislation to protect the legal interests of four suggestions. First on age of consent set age, divided into three age groups of minors’rights be protected. In terms of protection, the authors put forward the following suggestions:perfect male-the criminal protection of minors’rights, which include the expansion of the subject and object of the crime of rape, expand the object of indecent assault, expand the "prostitution" offence is in three parts. Meanwhile, perfecting the criminal provisions for the protection of the rights of the child. Third, the protection of content, clear legislation on minors’autonomy rights; strengthening the protection of minors’ right to information, specifically for sound related to Internet pornography law. In protection method benefits Shang, author corresponding to proposed following perfect recommends, from maximum degree guarantees minor people interests of angle view, will including organization, and forced minor people prostitution, and to minor spread or using minor people shooting obscene audio, behavior zainei of all directly or indirect sex against minor people of related crime are considered violations personal method benefits of crime, more can reflected out on minor humanity right protection of attention, while will involving prostitution behavior of crime owned into to violations personal right of crime in the.
Keywords/Search Tags:Minors, Sexual rights, Criminal law protection
PDF Full Text Request
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