Gender-based Research On The Difference Of Criminal Law Protection

Gender difference is an objective fact,and gender equality is one of the most important values of human society.Only by the protection of gender differences can we achieve true gender equality,and gender differences do not mean absolute differences.Gender based differences in the protection of criminal law should not only be an empty concept,but should be embodied in the specific manifestation of the right to life,the right to sexual freedom,the person is not subject to the three aspects of the right to buy and sell.The difference of gender based protection in criminal law is the difference between the subject of crime and the object of crime.From the trial of pregnant women do not apply the death penalty as well as the angle of the "criminal law amendment(nine)" the crime of whoring changes reflect the rationality of the existence of differences in the criminal law of our country,but also stressed the importance of effective control;from the crime of rape,trafficking in women and children is proposed to cause inequality of dressing and the realistic need of law.The reality of China's criminal law shows the gender based differences in legislation,but this difference also has a profound historical reasons,but the overall trend,the recognition of differences and the protection of equality as the direction."Criminal law amendment(nine)" of compulsory indecent crime modification,for us the problems to provide reasonable solutions,it can be said that the part is the foundation for expansion of the article,and also is the foundation of reflection.The profound reason for the existence of this difference is reflected in the theory from the angle of constitution of crime.The criminal law protection of trial from the subject of crime of pregnant women in the angle and the rationality of strengthening the protection of young girls is the embodiment of protection of gender differences,subject of rape is the protection of gender differences of women excluded unfair;from the angle to realize the object of crime of rape crime object men and trafficking crime will have over fourteen years of age were excluded,which limit the protection target of the cause in fact not equal,therefore need to correct understanding of equality and difference,the difference principle of equality on the basis of this,further in-depth understanding of criminal law theory about the difference,equality and difference from the specified pattern in view of carrying out understanding of the criminal law.The difference of protection did not violate the principle of equality before the law,from the perspective of gender and feminism presented to our understanding of this equality based Based on the differences provide ideas.Starting from the historical origin of gender differences deeply,to China's Criminal Law Protection Research Based on gender differences,we found that the protection of gender differences based on such a trend,namely the legislative protection of gender convergence,also concern the individual women and young girls right down to the realization of the criminal law on the basis of equality should be different the judicial and law enforcement.