On The Implication Of "Obscene" And "Insult" In Compulsory Indecency And Insult

"Criminal Law Amendment(9)" on the original article 237 of the Criminal Code of obscenity,insulting the crime of the crime object has been adjusted to increase the terms of other bad plot to deal with the current situation of China's indecent assault crime increasingly complex situation.But the amendment did not completely solve the crime of chaos,especially the indecent behavior and insulting behavior of the object of the amendment is inconsistent,resulting in obscene and insult meaning more difficult to distinguish.For the meaning of obscene,some scholars advocate obscene is a tendency to commit,the establishment of this crime need to meet others or their sexual stimulation,sexual desire purposes,some scholars advocate indecency does not consider the subjective factors,all contrary to the will of women,Women's right to self-determination,including rape,as well as scholars advocate obscene is in addition to adultery outside the violation of moral behavior.The reason why the definition of indecency is different,because each point of view of the indecent assault point of view,there are claims that obscene crime standards are subjective purposes,there are claims that obscene claims to take objectivism,only from the victim's sexual rights violations To consider.And on the insult to the crime of women,the current meaning of the insult is also controversial.Some scholars advocate insulting women,that is,sexual behavior other than the use of action,language,video,pictures and other humiliating women,damage the dignity of women's behavior.Some scholars argue that the biggest difference between insulting women and insulting is that the crime undermines women's sexual shame,violates the inviolability of women's sexuality,and scholars argue that insulting is an act of injustice against women,that impairs women's dignity The obscenity of the dirty behavior.These different views involve the distinction between obscene and insulting external manifestations,insulting against the object of crime,and insulting women and insulting.At present,the relationship between indecency and insult,the main claim that the two are different and advocate the two are the same two views.These two views are now pros and cons,but none of the absolute criteria for judging.I have the above questions for their own views.For the meaning of obscene,I argue that indecent assault refers to all violations of women's will violations of women's sexual rights are indecent,here is not to meet the requirements of others or their sexual stimulation as a condition to take objectivist judgments.For the insult,the author claims that the object of its violation is the behavior of the person's sexual autonomy and dignity of human dignity,in the objective performance and indecency is difficult to distinguish.Therefore,also advocate obscene and insult have the same,both in the object of crime,objective performance,violations of the object to maintain consistency.And for the distinction between the two insult,the author will be from the object of crime,objective performance,whether the need for public line,mandatory and other aspects of distinction.This paper takes the historical research methods such as historical contrast,Chinese and foreign view comparison,positive and negative view argumentation,case analysis and other scientific research methods,based on the "Criminal Law Amendment(9)" on the mandatory indecency,insulting the crime of several key issues In-depth analysis.Through these comparative analysis,the author's own point of view,so as to have a more profound understanding of the problem,the future of the continuous improvement of the proposed reference.