| In recent years,minors have suffered sexual assaults in an endless number of cases in our country,which have also caused a great social problem while seriously affecting the legal rights of minors.However,our country's sexual abuse of minors is mainly regulated by criminal law,and “retrospectively and lightly protected” in handling.After the sexual violator has been punished by the Criminal Law,the victim can no longer demand compensation for mental damages.Unlike general crimes that infringe on personal rights and property rights.Sexual crimes,in addition to infringing on the victim's right to health and even physical and reputational rights,are the most important hazards that cause huge and difficult to restore spiritual damage to the victims.Our country's criminal law rules out the compensation for mental damage caused by crimes directly denying the victims' right to claim damages for the sexual crimes.In contrast,although China's civil legislation affirms the compensation for mental damage when some of its personality rights have been illegally infringed,it still lacks specific provisions on the right to direct violations of sexual assault.In practice,there are few “rights of chastity” or “sexuality”.Judgment of self-sovereignty was basically rejected in the appeal.At the same time,due to the ambiguous standards for compensation for mental damage,lack of clear compensation standards,and lack of operability,the practice of judging the nature of sexual assault claims is confusing,which leads to inconsistent verdicts.The victim's civil acquisition rate is extremely low.It has affected the actual effect of relief after being subjected to illegal sexual assault and is not conducive to the protection of minors.From the point of view of civil law,only bringing sexual abuse of minors into tort liability meets legal and social needs.The research idea of this article is to analyze the legitimacy and feasibility of the civil law system based on the current status of minors sexual abuse in China and the legislative defects,and put forward specific improvements.The full text of this article is about 36,000 words,in addition to the introduction,conclusions,is divided into the four parts as following.The first part describes the basic concept of minor sexual abuse.There is no specific provision for "sexual assault" in the law of China at present.We can refer to US legislation and classify sexual assault into contact and non-contact categories.Contacting refers to the behavior of an actor who engages in or seeks to use his or her sexual desires for improper purposes.Contact with any body part of the minor;non-contact categories include: forcing,tempting,threatening the victim to watch,shooting the pornographic videos,pictures,watching pornographic books,peeping behavior,nudity,information harassment,verbal teasing,stumbling,using Victims distribute or sell pornographic objects.According to the current legal provisions and judicial practice,sexual abuse against minors is mostly treated with infringement of the right to health,right to health,reputation,and the right to personal dignity.The theoretical community generally believes that the direct infringement of sexual assault should be virginity or sexuality.Self-sovereignty.The "Civil Code" should establish sexual autonomy to specifically regulate sexual abuse against minors in order to safeguard the unity of judicial practice.The subjects of sexual abuse of minors include natural persons and nonnatural persons,and the victims include both male and female.The characteristics of sexual assault against minors include concealment,high percentage of acquaintances,non-violent means of the victims,obvious trends in the younger age of the victims,minors in special families are more vulnerable to sexual assault,and victims of minors The damage caused is serious and social influence is extremely negative.The second part introduces the jurisprudence basis of sexual abuse committed against minors.First of all,it is justified to carry out civil law regulations on this issue.In recent years,sexual abuses committed against minors in China have emerged in an endless stream.It is difficult for victims to obtain civil remedies under the existing laws,and the lack of specific provisions in legislation has also led to the hidden dangers of inaccurate cases in practice.This is not only unfavorable to the protection of the victim's rights,but also unfavorable to the realization of fairness.Therefore,it is necessary to provide special provisions for sexual abuse against minors.Second,it is feasible to carry out civil law regulations on sexual abuse committed against minors.In essence,violations of minors' sexual abuses are a minor's personality rights and therefore have civil law accountability.In terms of form,sexual abuse against minors includes constitutional elements such as illegal acts,damage consequences,causation and subjective faults,and it fully meets the conditions for the establishment of tort liability.The third part is the relevant legislation and assessment of sexual abuse of minors in China.China currently directly regulates the three legal provisions for sexual abuse of minors,namely Article 191 of the General Principles of Civil Law and Articles 5 and 41 of the Law on the Protection of Minors.Article 191 of the “General Principles of the Civil Law” extends the limitation of time for civil claims of sexual abuse against young people;the starting point of the limitation of action will be the day that the victim aged 18 years old;the damage compensation right should include mental damages;The special protection of minors' rights does not conflict with the special provisions for the protection of special people.However,the existing legislation in our country imposes very few provisions on the sexual abuse of minors and the overall number is small;too general and operability are poor;civil legislation does not clearly stipulate the relevant rights;and it is too conservative to use spiritual damage compensation and punitive damages.The fourth part proposes suggestions for improving the legal system of sexual abuse against minors in China.First of all,it is necessary to clarify the legal connotation and extension of sexual abuse by minors.Sexual assault against minors refers to the fact that an actor has used sexual intercourse to meet sexual desires for unfair purposes.It has used lure,fraud,threats,coercion and other unfair means to force adults to have sexual contact with or have not contacted them.Other violations of the law infringe on the minor's sexual interests and can cause some minor violations of the minor's actual harm.Secondly,it must affirm the compensation for mental damage of the minor victim after sexual assault;finally,this behavior should be incorporated into the tort liability of China's “Civil Code” to regulate it. |
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