Thoughts On The Perfection Of The Legislation Of The Crime Of Child Indecency

Article 237 of the criminal law of the People's Republic of China defines the crime of indecent assault against a child as: "whoever ACTS inappropriately toward another person or insults a woman by force,coercion or other means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.Whoever gathers people together or publicly commits the crime mentioned in the preceding paragraph in a public place,or if there are other flagrant circumstances,shall be sentenced to fixed-term imprisonment of not less than five years.Whoever ACTS indecently against a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs." From the perspective of law,the crime of indecency against children is not regulated as an independent crime in China's current criminal law.Indecency charges are too abstract to be detailed;The aggravating circumstances of the crime of indecency against children are single with only two sentencing grades.In the legal systems of Britain,America and Japan,the crime of child molestation is an independent provision,In Germany,it is defined as an independent crime,while in China,the crime of indecency against children and women and the crime of forced indecency are comprehensively described and stipulated.This description form without an independent charge cannot reflect the importance that China's criminal law attaches to the protection of children's sexual rights.It is recommended that article 237 of the Criminal Code be established to provide for an independent provision for the offence of child molestation.Drawing on foreign legislative experience,Child molestation should be treated as a separate offence.In the determination of indecency,Referring to the legislative models of the United States,Japan and the United Kingdom,The indecency crime is beneficial to the victim's sexual shame,so our country should grasp this basic principle of legislation.To determine obscenity by obscenity other than sexual intercourse,However,the general and highly general description needs to be interpreted by a more comprehensive legal interpretation.Referring to the Japanese criminal law,indecent ACTS can be specifically enumerated through legal interpretation.Give more space to judicial practice.In the subjective aspect,the crime of child molestation is not inclined to be committed,and the obscenity should be judged objectively according tosocial concepts and sexual taboos of children,rather than the subjective motivation of the actor.To refine the sentencing level,we can refer to the three levels of basic crime,serious and especially serious in the rape crime.It provides for fixed-term imprisonment of not more than five years or criminal detention,If the circumstances are serious,he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years,If the circumstances are especially serious,he shall be sentenced to fixed-term imprisonment of not less than 10 years,life imprisonment or death.Serious circumstances refer to :(1)persons with special responsibilities for supervision and care of minors;(2)entering the residence and dormitory of minors;(3)use violence,coercion or other compulsory means to carry out indecent ACTS;(4)indecently assaulting a child under the age of twelve,a left-behind child or a mentally handicapped child;(5)repeatedly indecently assaulting or indecently assaulting a number of children;(6)sexually transmitted diseases,injuries or other consequences caused by indecent ACTS;(7)having ever been convicted of indecent assault;(8)carrying out indecent ACTS by taking advantage of the victim's unconscious inability to resist;(9)indecently touching a public place;(10)two or more persons act indecently in turn;(11)indecent ACTS committed by a crowd.Especially serious cases can be listed as follows :(1)indecent ACTS are particularly bad,causing public anger;(2)indecent ACTS that cause serious injury,death or other serious consequences to children.Provisions such as occupational prohibition can be added to improve the legislation on the crime of child molestation.