Study On The Criminal Law Regulation Of The Crime Of Sexual Assault On Minors

Sexual assault on minors refers to a criminal act in which the perpetrator forces the minors to engage in sexual activities or sexual intercourse without their informed consent by means of violence,coercion,seduction or other means,and causes physical and psychological harm to the minors.In recent years,there are many cases of sexual assault on minors in China,and the victims tend to be younger,and the recidivism rate of such crimes is higher.It fully shows the reality and urgency of cracking down on crimes against minors in accordance with the law.In the face of sexual crimes against minors,all countries take the principle of maximizing the interests of children as the principle of criminal law regulation to fully protect the legitimate rights and interests of minors.China's criminal law and relevant judicial interpretations clearly stipulate the crime of sexual assault on minors,and build a legal regulation system to punish such crimes,so as to provide a clear legal basis for judicial personnel.In the crime system of sexual assault on minors,rape and child molestation account for the largest proportion,but they are also the most difficult and difficult cases to deal with.Due to the imperfect regulation of criminal law,there are some deviations in the understanding of judicial personnel on some issues,and the judicial standards are not unified.For example,in the crime of rape,the cognizance of the knowledge of the young girl,the cognizance of the indecent act of the crime of child molestation,the cognizance of the aggravating circumstances and motivation,etc.By reviewing the relevant legislation of foreign countries and combining the theoretical views of the academic community,we should further unify the standards of law enforcement and design them from the legislative point of view,further strengthen the application of prohibition orders and prohibition provisions,extend the period of prohibition,fully draw lessons from foreign preventive measures for children,and comprehensively and effectively prevent the infringement of the legitimate rights and interests of minors.