Drug Treatment Of Sexual Assault Crime In Korea And Its Reference In China

In recent years,a lot of malignant sexual assault cases against children have been exposed by the media,which have aroused high attention and serious reflection of the society.The function of law is not only to punish criminals,but also to prevent crimes.Liu Baiju,a researcher at the Institute of Social Development Strategy of the Chinese Academy of Social Sciences,said in an interview that the existing legal provisions in China focus on the conviction and sentencing of the sexual assault crime against minors and the legal application of penalty execution,but there are still weaknesses and gaps in the prevention of such crimes in advance,the correction of perpetrators and the management after the release of the sentence.Therefore,it is urgent to examine the current prevention and control system of sexual assault crime against children in China,and improve the existing system design,so as to effectively protect children from the risk of sexual assault crime.Korea is the first country to introduce the Drug Treatment of Sexual Assault Crime in Asia.There have been 27 people received treatment from 2011 to September 2018.The relevant institutions in Korea have evaluated the treatment results,and the research data showed that drug treatment played a significant role in inhibiting the recidivism of sexual offenders.In addition to a large number of empirical research data,relevant theoretical research results of Korea are also very rich,which are worth researching and referencing.This paper intends to provide new ideas and basis for the improvement and development of the prevention policy of sexual assault against children by comprehensively introducing and analyzing the practice and experience of Korea and absorbing its institutional advantages.It is mainly divided into four parts:The first part introduces the background,legislative evolution,applicable objects,applicable procedures of the Drug Treatment of Sexual Assault Crime in Korea.The second part describes the implementation,effect and disputes of the Drug Treatment of Sexual Assault Crime in Korea.The effectiveness of the drug treatment is analyzed based on the empirical research results of Korea and controversial issues such as the unclear legal nature,unconstitutionality,and compulsoryness of the drug treatment have been combed.The third part explains the current situation of frequent sexual assault crimes against children in China through data,analyzes the current situation of punishment for such crimes and the shortcomings of prevention of recidivism,discusses the necessity of citing the drug treatment in China.It also discusses the feasibility of implementing the drug treatment in China from the aspects of social acceptance,humanity,technology and cost of the drug treatment.The fourth part puts forward the specific scheme design of the drug treatment in China.The Drug treatment should be applied only to the crimes of sexual assault against children,and the targets of treatment should be limited to the physiological and pathological criminals who commit sexual assault on children due to their abnormal sexual habits and sexual psychological disorders,especially those who suffer from paedophilia,because the traditional means of punishment can not eliminate the risk of recidivism.At the same time,the will of the criminal should be respected,with voluntary acceptance as the principle and enforcement as the exception.We should protect the rights of the target through the development of strict procedures throughout the entire treatment process,so as to get rid of human rights disputes to the maximum extent.