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Research On The Limitation Of Sexual Crimes Object

Posted on:2017-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y HongFull Text:PDF
GTID:2296330503959456Subject:Law
Abstract/Summary:PDF Full Text Request
Sex Crime is one of the oldest crimes in the world.But,The concept of sexual crime objects has been confined to the violations of female sexual rights.This, of course, to some extent, reflects that the balance of the law is leaning to the weak.This seemingly embodies the principle of equality laws and paying attention to the basic spirit of the vulnerable groups.Actually,this practice have played an important role in protecting female sexual rights in a certain society period.The concept of sex crimes is existing in the Chinese and foreign criminal law theory. But with the development of the era and the emergence of the new situation,the limitation of sexual crimes object gradually became a big problem of cases’ treatment.At present our country’s sex crime legislation obviously cannot meet the needs of the growing social practice.Especially the limitation of sexual crime object lead to some problems in reality can not get solved effectively.The judicial practice in the new situation reversed transmission we re-examine sex crimes on the rationality of the provisions of the criminal object. We found that the existing legislation has not completely meet the needs of judicial practice.The expansion of sexual crime object will be the only way to prove current situation.To our surprise,in <Criminal Law Amendment nine>,the object of coercive indecency and insulting women crime is expanded to a certain extant.This amendment undoubtedly give us a lot of confidence and hope.We have enough reasons to believe that the expansion of sexual crime object is the overall trend of criminal legislation.Combining the causes and realistic problems of the limitation of sexual crimes object,and studying on the basis of other country’s legislation,the writer puts forward some suggestions for legislation of sex crimes in our country,mainly about the Rape Crime and Coercive Indecency and Insulting Women Crime.We should obscure the sex of the rape crime object,delete the behavior of insulting in coercive indecency and insulting crime,and change the name of the crime to indecency crime.Through expanding the sexual crime object to improve the system of sex crime,solve the problem of judicial practice,and protect the sexual rights equally and comprehensively.
Keywords/Search Tags:Sex crime, Sexual rights, The crime object, Limitation
PDF Full Text Request
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