On The Defects Perfection Of The Protection Of The Sexual Rights Of Children In The Criminal Law Of The People's Republic Of China

In recent years,cases of sexual assault children have often occurred,each time causing strong condemnation from public opinion,and at the same time triggering a high degree of concern for the protection of children's sexual rights.2013 is a year of awakening children's sexual rights protection,In this year,occurred two serious sexual assault children case: Chen zaipeng,the second primary school principal of Wanning City,Hainan Province,and the government staff Feng xiaosong sexual assault children?Qianshan city Anhui Province Principal of the Rural Experimental Primary School were sexually assaulted 9 girls up to 12 years.At the end of 2013,relevant departments released the interpretation about punishing minors' sexual assault in accordance with the law,representing China's determination to severely punish sexual abuse of children.However,the emphasis on children's sexual rights does not effectively inhibit the occurrence of such crimes.According to relevant data research,the number of child sexual assault cases in China has increased leaps and bounds,and it has become one of the high-risk crimes in China.In 2019,Bei da fa bao release a essay“Report on the trial of child sexual assault cases from 1991 to 2018”,between 1991 and 2017,the number of sexual assault cases against children is on the rise,The fastest growing stage is from 2013 to 2014,The number has declined in 2018,but the situation is still grim.I think that on the one hand,it is due to the lack of children's sex education,and the social factors such as the second injury to public opinion;On the other hand,there are still some shortcomings in the protection of children's sexual rights in our criminal law.This article first discusses the protection of children's sexual rights in the framework of international law,and clarifies the concepts of “children” and “sexual rights” that have been controversial in practice;Unlike international law,which identifies minors under the age of 18 as “children”,our criminal law does not directly define children,according to the corresponding law,we can know that the citizens under the age of 14 are recognized as children in the criminal law of our country.Comment on the connotation of the controversial sexual rights,and adopt the viewpoint of the theory of sexual interests in the practice of criminal law;Based on the Convention on the Rights of the Child,the principles of protection of children's sexual rights are explained and discussed.Part Two discusses the gaps of sexual rights protection in the current provisions of criminal law,combined with the interpretation respectively from five perspectives which are Inappropriate classification of the law?lack of independence of child sexual protection?limitations of protection?omission of protection content?imperfect prepayment measures,and comment on the "Opinions" released in 2013.Part Four is the last part which several proposed legislation and judicial suggestions are put forward mainly from several aspects including the overall layout and specific terms.Moreover,new types of punishment measures including chemical castration have been analyzed in this part considering the hot topic of chemical castration in the current circle of criminal law.