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The Lack And Perfect Of The Criminal Law On Child Sexual Abuse

Posted on:2019-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q ZhengFull Text:PDF
GTID:2416330542986522Subject:Law
Abstract/Summary:PDF Full Text Request
Sexual assault on children is a very bad criminal act.Sexual assault children cases occurred frequently in recent years,not only to children's physical and psychological has brought great harm,but also a series of negative influence on society,even causing some damage to social harmony and stability.With the development of society,people's concept of progress and open,the boy's sexual assault cases are more and more common.Sexual assault on children is a serious violation of children's sexual rights and is a crime in China's current criminal law.Children as the flowers of the motherland,the future of the nation,the country's pillars,the state has the duty,the responsibility for its health,safe growth to provide strong protection.In recent years,China has issued a series of laws to protect the legitimate rights and interests of children and minors.At the same time,as to protect citizens' lives and property law,criminal law,also set up a series of charges designed to protect the rights of children,such as the crime of child molestation,rape,kidnapping children and so on.China's current criminal law targeted children's behavior specifically stipulates two crimes: child molestation,rape(rape young female).Should be sure,the "criminal law" obscene or adultery child behavior independence into sin in children protect citizens' personal rights,especially the vulnerable groups of sexuality,it provides a better legal protection of rights and legal basis.But at the same time we should see,with the increasingly development of economy,science and technology,criminal behavior is becoming more and more complicated,the causes of the existing criminal law and the society,increasingly exposed as imperfect side.Although our country's present criminal law on the crime of child molestation as much perfect,for the definition of the child's age and the requirements of the rape still has many gaps and holes,such as,children's age is not clear,rape rape definition is too narrow,the behavior main body and object of behavior of single gender protection.Exist in judicial practice in China,moreover,equating "rape" to "obscene" behavior,so as to apply obscene class charges,such as rape the behavior of the boys in the judicial practice on child molestation charges more qualitative,makes the boy's sexual rights cannot be protected by criminal law,also can directly lead to the implementation of more destructive behavior has been given a lighter punishment,this state of crime of low cost,a disguised form of incentive against children's criminal,eventually leading to the realization of deterrence of criminal law can't benefit.What's more,some crime because can't find the punishment on the basis of in the current criminal law,which cannot be convicted and punished for committing crimes,resulting in a large number of v.SINS except the victim cannot use legal weapon to maintain their legal rights.Based on the above situation,based on the perspective of sexual abuse of children by children's meaningand sexual abuse of children's behavior is defined,further analysis of the characteristics of the sexual abuse of children,harm and other related problems and defects in the law to protect sexual rights in our country and the problems existing in the judicial practice,and draw lessons from foreign and our country Taiwan area related legislation,combined with the child's own physical and mental characteristics,and put forward concrete measures and countermeasures,so as to further improve the legislation of sexual rights protection in China.
Keywords/Search Tags:Children, sexual assault, child molestation, defects, countermeasures
PDF Full Text Request
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