| Minors as vulnerable groups always been protected by all walks of life, because their body and mind are not mature enough to defense the violation. In recent years, the crime of sexual offending minors has been regular reported. And the public appeal more people pay attention to protect the sexual rights of minors in order to help their development of body and mind. The scholars has persistently done the research of how to protect the sexual right of minors from all aspects. Criminal law stipulates severe punishment to punitive the sexual offending minors and violating the interests of minors.But in reality, the incidence of sexual crime violating minors is so high that they are difficult to get effectively help and relief. It is necessary for us to rethink from the perspective of criminal legislation and procedural.The first part of this study analysis the causes of sexual assault of minors from the perspective of criminology, sociology and psychology. Discussing whether minors could be the subject of having sexual rights, and clarifying the define of sexual assault on the base of compare the phenomena in china and other countries. The second part of the paper is to get a comprehensive view of Chinese criminal law using the historical research method and comparative research method. Focus on the subjective cognition of actor in statutory rape crime. At the foundation of summarize the progress and shortcomings of " Opinions of Punishing sexual offending minors crimes", this paper try to chose a proper way to resolve the problem of abolish or reserve the crime of whoring with a young girl under the age of 14. At last, through combining our actual condition and the advanced practice of extraterritorial country,this paper is aim to put forward suggestions on regulate the sexual offending minors from two aspects of criminal substantive law and procedural law. Thus we can compose the net of criminal legislation and achieve the purpose of protecting the right of minors. |
PDF Full Text Request