Study On The Proctection Of Male Sexual Right In Criminal Law

The Sexual Right is an important part of personality rights. With the continuous development of social economy, people pay an increasing attention to the importance of sexual rights. However, due to the traditional emphasis on male-power and other factors in the country, Criminal Law of China remains immature in term of male sexual rights, and is therefore not comprehensive enough to meet with the actual requirements in practical cases.Especially in recent years, the gradual increase on cases of male abuse and the lack of relevant article or clauses in Criminal Law impeded even the filing for investigation and prosecution from Judicial Departments. Consequently, cost of crime conducting is lower and protection on Sexual Rights for men remains futile. The Constitution of China endows each citizen with equal rights, and the Criminal Law re-assures the principle of equality. Men and women are equally protected in various aspects of human rights including that of the Sexual Right.Traditionally, male is taken for the stronger group and legislation is partial to female protection in reference to the conflicts between the two. However, the world changes dramatically. The rising status of women, call for the feminism and collapse of the faith of male-power, together with the progression, of sci-tech and medical breakthroughs—all these are accompanied with and leading to people's freed sexual concepts and understanding in this country. It is therefore a necessity to assert updated look and definition on criminal conducts such as raping, insulting and indecency of women, so as to ensure the fair protection of human rights for each gender.On the basis of relevant theories, and with a brief discussion on present China, this paper puts forward legislative suggestions and countermeasures after comparing and referring to the cases in other countries, hoping to shed some light on the progression and development of Sexual Rights protection for men in this country.