On The Criminal Legislation Protection Of Male Sexual Rights

With social development and changes.the emergence of a large number of male suffered sexual abuse cases.but our country in the male sexual rights protection legislation is still in the relatively conservative and backward state.According to the provisions of the crime of rape and molestation of women and children of the crime in criminal law,the object of rape crime restrictions on women,the subject of the crime of rape in the male;the object of indecent assault is defined in the female and male under 14 years of age,and so on male sexual abuse behavior,in the current law to find not to the corresponding legal basis to protect the sexual rights of men,the blank of the legislation,making a large number of male victims can not get the appropriate relief.The twelve session of the eleventh meeting of the NPC Standing Committee.the draft amendment to the criminal law(nine)to be submitted to the Standing Committee meeting for consideration.the draft twelfth intends to indecent assault victims from "women" to "other", expand the crime to expand the scope of legislative progress,is indeed a times,but is closely related to with the protection of the rights of male rape did not change,then the men raped the how to do?Man's rights infringement cases continue to occur,the perpetrators are male,female male sexual assault cases is also frequently staged.men suffer sexual assault,not only will give the male body caused great trauma,increase the risk of disease transmission,and will give the victim's psychological influence,easy to induce retaliatory crimes.The criminal law protection to male sexual rights are in urgent need of social reality,but also to achieve the purpose of criminal law requirements.The lack of legislation in our country the crime of rape is mainly:1.Lack of female subject,influenced by the gender differences,men and woman's physiological differences.People think that men are more powerful and less vulnerable to sexual abuse,which exclude women from the subject of crime of rape cases in practice,female crime of male sexual rights.The lack of legal basis.2,the object of crime is too narrow,he men out of the object of crime,the male sexual rights can not be protected.3,our country criminal law definition of "sexual intercourse" definition is too conservative,rape is only limited to sexual intercourse inthe traditional sense,and oral or anal sex,and foreign body sexual behavior does not belong to sexual intercourse.In this paper,drawing on the experience of the male sexual rights protection of the continental law system and Anglo American law system countries and China's Hong Kong and Macao region,the countries of continental law system and Anglo American law system countries were not on the subject of the crime of rape crime and the object to define and distinguish between male and female.the male sexual rights to full and equal protection.Combined with the specific circumstances of the criminal law of our country,put forward perfect our country criminal law on male sexual rights protection suggestions:1,expand the subject of the crime of rape increased female subject.2,to expand the scope of the crime of rape object,the object of the crime of rape in the male.3,expand the"sex"in our criminal law defines the connotation and extension of Based on the crime of rape to revise and improve,in order to realize the criminal protection of male sexual rights.