Study On Protection Of The Sexual Rights Of Children In Criminal Law

Currently the serious situation in which child sexual assault cases occurred frequently has aroused great reflection of the public. At the end of 2013, relevant departments released the interpretation about punishing minors’ sexual assault in accordance with the law, which reflects urgency and necessity of strengthening the legal protection of sexual right of children. As the most powerful barrier for right protection, criminal law has to follow up in time. There are mainly four parts in this paper.Firstly this paper analyzes the theoretical controversy of sexual rights and clearly defines the scope of children which is all the minors under 18. Based on clarifying the proper value sense of sexual right protection, this paper discusses the Convention on the Rights of the Child in the perspective of Chinese Characterization and points out the direction of legislation on the protection of sexual rights of children at present stage, which is sexual exploitation.Part Two discusses the gaps of sexual rights protection in the current provisions of criminal law combined with the interpretation respectively from five perspectives which are chapter layout, protection objects, protection content, protection degree and theoretical controversy of young girl prostitutes. Whether the charge of young girl prostitutes should be abolished is emphatically discussed in this part since the case of young girl prostitute was found guilty of rape recently in China. By reviewing the legislative history and analyzing the deficiency of the existence of the crime, the author comes to the conclusion that the charge of young girl prostitutes shall be abolished.Part Three focuses on the proposed legislation of child pornography of network with comparative analysis method. On the basis of investigation of legislative and practical situations of other regions including American, Japan, Europe and Taiwan, the author finds the application of Convention on the Rights of the child not in place especially sexual exploitation of pornography which still stays on the commitment level.Part Four is the last part which several proposed legislation and judicial suggestions are put forward mainly from several aspects including the overall layout and specific terms. Moreover, new types of punishment measures including chemical castration have been analyzed in this part considering the hot topic of chemical castration in the current circle of criminal law.