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Criminal Law Protection To The Underage Sex Victim

Posted on:2017-06-16Degree:MasterType:Thesis
Country:ChinaCandidate:K LiuFull Text:PDF
GTID:2336330488972645Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The crime of sexual abuse to minors is a kind of serious crime of violating the interests of the minors' health of body and mind development. In recent years, under the social public attention and heated discussion, targeted the attitude of Sexual abuse to minors tend to be "harsh punishment". However, in fact, the criminallaw of our country on the crime punishment does not light. To strengthen the construction of the victim protection system should be emphasized, and the overall ascension of protection for the minors' legitimate interests, child care, rather than harsh punishment.There exist some improper or shortcomings in criminal substantive law and procedural law of our country, and social protection. This article from this basic standpoint,the victim's physical and mental health development,to protect young victims. This paper expounds the particularity and theoretical sources of underage sex victim protection.From criminal substanticle, criminal procedural and social protection,build up the basic framework of the criminal law protection to the underage sex the victim.This article is divided into four parts:The first part:Theoretical basis of the criminal law protection to the underage sex victim.1.theoretical sources of underage sex victim protection,including:The first,Human nature basis.The second,the promotion of Feminism jurisprudence and The Victim.The third,Child care theory.2.The particularity of underage sex victim protection,including,the particularity of Identity properties,the consequences,the interests of the minors,and protection countermeasures.The second part:Insufficient and perfect of the criminal law protection to the underage sex victim.First of all,there are four shortcomes in the criminal law protection to the underage sex victim.1.A fragmented system and the dislocation of Legal Interest.2.Distinguish between gender and discriminatory.3.The single age limit and loose protection.4.Crimes of omission and insufficient protection.And then,Put forward suggestions to improve the criminal law protection to the underage sex victim.The third part:Insufficient and perfect of the criminal procedural protection to the underage sex victim.We should be in the following areas to improve:the deepening of the victim's right protection,the presence of appropriate adult,a special system of evidence,compensation for mental damage and national compensation system etc.The fourth part:The status quo and perfect of social protection to the underage sex victim.First,the country should integrate the force of government and the social from all walks of life,to construct the integrated protection system of cross-sectoral cooperation.Second,to build Victim Assistance.Third,perfect the minor guardianship system in guardianship supervision and care intervention.The fourth,put the criminal judgments become actionable industry specifications.The last,to build the victim risk assessment mechanism in prevention,In combination with the prevention of themselves and technology protection,and improve the ego to protect consciousness is the most important.
Keywords/Search Tags:Sexual abuse, minor, Victim, Criminal law protection
PDF Full Text Request
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