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Male Sexual Rights Protection From The Perspective Of Rape

Posted on:2020-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:T Q QiFull Text:PDF
GTID:2416330596994172Subject:Law
Abstract/Summary:PDF Full Text Request
Confucius said in "Book of Rites" that "diet men and women,people's desires to save",that is,for a person's life can not be separated from two things: diet,men and women.With the renewal and replacement of social thought trends,"sex" has been a relatively sensitive topic since ancient times,and it has received more and more attention from the public in today's society.As a very important departmental law in the legal system,criminal law should conform to the trend of the times.In its sexual provisions,it should actively promote and strive to implement the concept of "equality between men and women." This article will analyze the lack of male sexual rights protection in rape crimes from the perspective of the behavioral norms of rape crimes,combined with the specific cases of society.The law originated from life,and the law lags behind life.The Criminal Law Amendment Nine was issued on November 1,2015,and the criminal objects of the crime of sexual assault and insults were improved.In order to more comprehensively improve and improve our country's protection measures against male sexual rights,as well as provide conviction and sentencing for judicial practice in the conduct of behavioral disposition,to protect the rights of citizens,and to combat crime as a means of national coercive protection The mechanism provides a legal basis.From ancient times to the present,according to the thinking of the public,men are stronger than women in both physical and psychological terms,which inevitably leads to the violation of the "criminal law".And at least in terms of sexual rights,women's rights are protected more than men.The protection of the rights of the people protected by the Criminal Law has always regarded women as protected objects,thus neglecting the sexual rights that men should have,and inevitably restricting men naturally to vulnerable groups.This ranks.As the "rape crime" to be discussed in this article,men are not classified as criminal targets by analyzing the four elements that constitute rape,but in the case of social male sexual assault cases,through social media,Such cases have also been exposed to the public.In the relevant provisions on the protection of sexual rights,the Criminal Law Amendment IX increases the number of criminals who are forced to commit defamation and insults by more than 14 years of age.With this modification,the protection of male sexual rights has also been put on.The agenda is gradually being taken seriously.Although the provisions of this provision have solved the problem of male sexual rights to a certain extent,if it is discussed in depth,this provision does not fully guarantee the male sexual rights.Therefore,the legislature and the judiciary need to find legal deficiencies in a timely manner,not only when inheriting the traditional judiciary,but also taking the essence and going to its dross,and adopting a critical approach to legal reform and using judicial practice to promote the process of legal change.By using legal means to crack down on crimes and resolve social contradictions,the law can bring its true value and make the existing judicial system more perfect.This paper is divided into the status quo of the protection of male sexual rights in China's criminal law,the analysis of the reasons for the lack of male sexual rights in China's criminal law,the reasons for the protection of male sexual rights outside the territory,the necessity of protection of male sexual rights,and the improvement of related sexual crimes in China.The legislative proposals and conclusions,through these six parts,this paper introduces and studies the theoretical and practical significance of male sexual rights.
Keywords/Search Tags:Male sexual rights protection, Rape, Equality between men and women
PDF Full Text Request
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