A Research On The Criminal Law Protection Problem Of Male Sexual Rights In China

The Constitution gives us every citizen having equal rights. Sexual rights, one of the basic rights, whether male or female, should be protected equally by the law.With the progress of civilization and the open of the society, male sexual rights is no longer an unfamiliar territory. Equal protection of male sexual rights and female's not only can gain a foothold in theory, also get in the laws of the principle of systematic. Male sexual rights is protected, which comply with the serious trend of the contemporary phenomenon of male sexual abuse, more importantly can really achieve legal equality.China's criminal law is the departmental law on crime and punishment, and its quality determines its important role in the legal system in our country. This article will be discussed criminal legislation on the male sexual rights protection rules in our country.China's criminal law provisions by sexual rights of citizens is to set the specific crime giving some protection. However, Women's sexual rights protection of criminal law and the male's has some differences. Criminal law of women's sexual rights is given attaches great importance to and all-round protection. By contrast, the view of the male sexual rights protection in criminal law still has many problems, which cause educational circles and the society widespread attention and discussion. It is necessary to further improve and perfect.In 1979, "criminal law" in China has no specific charges of male sexual rights protection Settings. With the nature of the "hooliganism" regulation at that time it can put in the social life of violating the rights of a male sex into the regulation of hooliganism category, but not specifically set for male sexual rights protection. Provisions in the criminal law of 1997 implements compulsory indecent woman crime and rape of women and sexual rights protection under the age of fourteen, but men over the age of fourteen to sexual rights is outside the scope of criminal law protection. In 2015 the "criminal law amendment (nine)" change compulsory indecent woman crime and the crime object from "women " instead of "others" to expand the scope of object of crime, and more than 14 years old men are also included in this crime protection object. It means that lawmakers have begun to recognize and protect the male sexual autonomy.The promulgation of "criminal law amendment (nine)", which can make men suffer sexual abuse behavior in a certain extent to regulation. But in contrast, the current criminal law on male sexual rights protection in China is still flawed and restricted to the criminal object of rape of women. Sexual assault on men can only be based on compulsory indecency conviction to punish. Compulsory indecency has very big distinction on the criminal penalties and rape crime constitution. Acts of adultery on men cannot be regarded as rape, which not only makes the interior of the criminal law provisions conflicting, but also highlights that the protection of male sexual rights is not equal to female's and it reveals that the male sexual rights protection in criminal law still faces difficulties in our country.Make male sexual rights, one of the important rights in our country, have the same protection which can not only solve the problem in judicial practice, but also show the further implementation of principle of equality between men and women and guarantee basic human rights. So it is necessary to be further perfect in the provisions of the specific charges, general criminal subject, criminal object, and criminal behavior. It is good to achieve reasonable setting of male group rights gradually within the scope of the criminal law protection. It can solve the difficult problems in judicial practice effectively on the basis of keeping the unity of the laws.All in all, perfecting the equality of male sexual rights protection is not an easy job, involving in the interests of all aspects of adjustment and the integration of elements. We should focus on the center of equality between women and men from the perspective of combining theory and practice, and achieve the male sexual rights protection and women's rights in the criminal law protection and the criminal law of organic cohesion. Drawing on and assimilating modern western male sexual rights system, we adhere to the Chinese characteristics, combing with China's social economy, culture and the construction of the rule of law practice, and gradually build more perfect sexual rights protection system.