Research On The Difficult Problems Of Compulsory Indecency And Insulting Crime

China's "criminal law amendment (nine)" the provisions of the penal code of the provisions of the mandatory indecency, the crime of insulting women to modify the crime of indecent assault, 237th. At this point, the object of compulsory indecency extended to others, while the object of compulsory insult is still confined to women. The significance of this amendment is that adult male sexual autonomy will never be protected by criminal law. However, whether in theory or in judicial practice, the crime of forced indecency and insulting exposes many problems to be solved. This paper will use the method of comparative analysis, case analysis and literature analysis,comparative analysis of the research achievements at home and abroad,to understand the different scholars for the understanding of problems on the crime of respectively.The author believes that the study of a specific crime elements of crime,first of all,we must accurately grasp the purpose of the criminal law set up the crime, the criminal law to protect the legitimate interests. Therefore, the article first through the case leads to the problem, compared to the different views held in this area, to study the legal interests of the crime of coercive indecency and insult. Compulsory indecent behavior is a violation of the special sex outside of sexual autonomy, the autonomy is the autonomy of marginal behavior, thus protecting the legal interests of the crime is to decide sexual rights of others. In the form of this crime in the objective aspect of the research, the author believes that this indecent behavior is a violation of all sexual autonomy.Therefore, it is necessary to analyze the relationship between "indecency" and "insult"in the crime. Study on the subjective aspect of the crime, by cases in practice, the judicial practice in this crime as a crime of tendency caused by problems in the crime of tendency is not to clarify what constitutes a crime at the same time, make the correct definition of whether the act constitutes a crime. This paper will also limits the case leads to the crime and the crime of rape crime, to compare the two aspects of the crime law, the behavior of people through the study of the criminal law protection of the behavior and subjective objective, reasonable relationship between the division of the two crimes, in order to bring some inspiration to the judicial practice.