| In recent years,child molestation cases frequently appear in newspapers,networks and media reports,which have aroused great attention from all sectors of society.While such cases touch the bottom line of the law,they also stimulate the moral nerve of the public.In addition to condemning the criminal’s bad behavior,the public also calls on all parties to increase the protection of children.It is well known that penal sanctions are the most severe in terms of the prevention and punishment of crime and therefore the protection of children’s sexual rights is the most powerful in the criminal law.China stipulates the crime of indecency against children in the third paragraph of article 237 of the criminal law,and on October 23,2013,the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of Justice issued Opinions on the Punishment of Crimes of Sexual Assault Against Minors in Accordance With the Law,which means that China has established a protection system in punishing the crimes of child molestation,but at present,the protection system is not strict enough,or even has some omissions.The problems in typical cases in judicial practice,such as unclear indecent conducts,the limited scope of children,inappropriate penalty,etc.,reflect that in criminal law the crimeof indecency against children has many defects,such as too simple description of crime,relatively narrow scope of protection and crude penalty.By reviewing relevant overseas legislation and combining academic theories,the thesis puts forward some legislative suggestions to perfect the crime of child molestation so as to give full play to the protective function and normative effect of the criminal law,promote the punishment of crimes of sexual assault against children in the criminal law,and protect and nurture children’s healthy growth. |