Criminal Law Protection Of Intersex

Personal right is the most basic human right and criminal law is the last line of defense to protect personal right.With the development of economy and the progress of science,the traditional idea that women and children constitute the victims of crime is changing quietly.China's criminal law,while focusing on the protection of women's and children's right of personal freedom and sexual rights,neglects that the Intersex should also be protected by the criminal law,which damages the principle of fairness and equality of the criminal law.The intersex is a special group independent of male and female.It is necessary to construct the independent gender status of the intersex in criminal law.On the one hand,the intersex should be protected by criminal law because of the long-term disadvantage of social colored glasses.On the other hand,children and women enjoy the rights they deserve in the protection of the physically weak.The protection of criminal law for intersex has its feasibility: Social concepts gradually recognize the group of the intersex;the foundation of legislation and judicature in China;the provisions of extraterritorial laws can be used for reference;the inclusion of the intersex in the scope of criminal law protection is not inconsistent with the current household registration system in China.In view of the defects of the protection of the intersex in China's criminal law,it should be improved from two aspects: revision of legislation and rational interpretation.On the one hand,using the legislative model of the concept of species,the concept of “intersex” is included in the concept of “others”;on the other hand,the above-mentioned legislative model is used to expand the interpretation of the term “others”.It not only refers to the long-term default “female” in the narrow sense,but also includes “male” and “intersex”.