Study On The Criminal Law System Of Sex Crimes Of The Same Sex In China

The concept of sexual crimes should be defined in a broad sense,that is,sexrelated sexual assault for the purpose of satisfying sexual desire,as well as the crime of infringing on individual rights or social order with "sex" as the medium and content.Same-sex sex crime means that the sex of the crime subject and the criminal subject is the same sex,or that the subject participating in the crime is the same sex,and that the activities related to sex interfere with the health of others or the crime of social management order.Same-sex sexual crimes have the characteristics of the particularity of the criminal subject,the difficulty of criminal investigation,and the susceptibility to crime.In the process of the change of the criminal law system of the same-sex sexual crimes in China,from the middle of the Song Dynasty to the middle of the Qing Dynasty,it was the change from crime to crime,and from the end of the Qing Dynasty to the year of 1997,the penal establishment of the criminal law changed from crime to crime.By sorting out the current situation of the criminal law system of coercive defamation between same-sex crimes,gathering same-sex crimes,and sexually transmitted diseases,it can be found that there are several deficiencies in the criminal regulation system of the same-sex sexual crimes in China: It is impossible to protect men's and women's sexual rights equally,and it is difficult to meet the sentencing requirements of crimes and punishments.In the criminal law system of gathering crimes committed by same sex,there is doubt about the legitimacy of punishment,and the scope of punishment is too expanded.In the criminal law system of sexually transmitted sexually transmitted diseases,there are deficiencies in the definition of AIDS as sexually transmitted diseases,and the limitation of the behavior of this crime to prostitution.There are many reasons for the inadequacy of the criminal law system of the same-sex sexual crimes in China,but the main reason is that the concept of the same-sex sexual crimes is lagging behind,and the understanding scope of concepts such as “sexual intercourse” and “rape” is overly limited.In the path of the same-sex sexual crimes in China,for the same-sex coercive crimes,the object of rape protection should be expanded and the equal protection of sexual rights should be achieved through de-sexification;for the same-sex intervening crimes of fornication,it can be temporarily retained.Legislation concerning the crime of gathering crowded lewdness,but the scope of penalties for this crime should befurther restricted;on the issue of sexually transmitted diseases among homosexuals,the preconditions of objective crimes in the crime should be abolished,and two sentences of penalty range should be set in this crime.