On The Perfection Of The Regulation Of Male Same-sex Sexual Assault In My Country's Criminal Law

With the improvement of living conditions,and the attitude towards sex is gradually open,The phenomenon of homosexuality,especially male homosexuality,is no longer taboo in society as in the past.Gradual changes in the attitude toward homosexuality have also contributed to an increase in the number of people coming out of the community.While homosexual groups are gradually being recognized and followed by society,the crimes caused by this group cannot be ignored.Same-sex sexual assault is one of the prominent forms of expression.However,in the judicial practice in our country,different judicial or law enforcement agencies respond differently to the same type of same-sex sexual assault,and there are differences in the judgment of the nature of same-sex sexual assault.This has led to the fact that homosexual sexual assaults do not achieve an accurate and uniform handling result in practice.Whether or not same-sex sexual assault behaviors should be evaluated by the criminal law.If criminal law is applied,how should we choose the applicable offense is a problem that we have to face.Talking about sexual assault will inevitably involve sexual rights in human rights.As an important part of the personal rights of one of the basic rights of citizens,sexual rights of course belong to the category of human rights guarantees and have universal characteristics.As a basic right,the main body of sexual rights includes women and men.In China’s criminal laws and regulations,the protection of women’s sexual rights can be relatively well protected through the 236 criminal laws of the Criminal Code and the 237 blasphemy laws.On the other hand,males,in our country’s criminal laws and regulations,have no corresponding laws and regulations that can directly and explicitly protect the sexual rights of men.This has led to the defects in the protection of male sexual rights in China’s criminal law and the response to male homosexuality.The inability to invade the case.This article starts with the current status and characteristics of male homosexuality in China,combines relevant cases,and refers to the relevant legislation in other countries or regions to discuss the defects in the protection of male sexual rights in China’s criminal law in male homosexuality cases.And put forward its own ideas on improving measures.The text of this article is divided into four parts:In the first part of the text,the article begins with the definition of male homosexuality.Based on the definition of male sexual assault against women and related behaviors,the author explains the concept of male homosexual infringement and summarizes its characteristics.The second part of the text mainly discusses the deficiencies in China’s criminal law in dealing with the legal regulation of male homosexuality cases.Combining five representative cases,the author produced a variety of different processing results under the premise of the same nature of these five cases,and summed up the deficiencies in the criminal law system in China,including the crime setting.Unscientific and unreasonable penalty settingThe third part of the text adopts a horizontal comparison method,and elaborates on the provisions of the legal provisions for male homosexual sex cases in countries and regions outside the domain,and summarizes the legislative norms of the behavior in the civil law system and the Anglo-American law system.Guiding ideology,and providing ideas for proposing the improvement of China’s criminal law in the legal regulation of male sexual assault.The last part of the text is based on the above-mentioned related materials,and puts forward the idea of perfecting the criminal law system of male homosexuality in China.Taking the definition of extended behavior as the starting point,based on a detailed classification of sexual behaviors,it proposes its own concept for the crimes and penalties that should be set up for different types of sexual assault behaviors.