The Criminal Law Research On The Crime Of Sexually Assaulting Minors

In recent years,endless media reports have led the public to notice the rising trend of child sexual assault cases in China.In face of the increasingly rampant crimes of this kind,the task of punishment and protection of criminal law is even more urgent,so far,there are still some omissions in criminal law for such crimes.Even if the offenders who sexually assault minors were punished,there is no way to regulate them after they release of the sentence,and the recidivism rate was higher.In the current criminal law system,the scope of criminal protection against sexual assault minors is not broad enough,and the punishment means is not strict enough and seems weak.This study focuses on the shortcomings of Chinese criminal countermeasures and the feasibility of applying foreign coping strategies in China.Based on this,the corresponding solutions are proposed.This paper is divided into five parts: The first part is a summary of the crimes of sexual assault of minors.The data and cases show the current situation of sexual assault of minors in China,and explain the harm of sexual assault on minors.The second part is existing criminal legislation in our country and analyse about this,focusing on the statutes of rape and salacious act to minors,and the shortcomings of the existing criminal legislation in our country are that the minors are not protected by age and the male minors are not fully included in the protected domain.There are no corresponding regulatory measures for the protection of minors’ online pornography.The third part is a brief introduction to the criminal legislation on extraterritorial about sexual assault of juvenile,which is divided into Macao,Taiwan,Japan,South Korea,the United States(for example Texas,Kentucky and Wisconsin)and briefly summarize the criminal legal characteristics of each country or region against sexual aggression against minors.The fourth part is suggestions on the inadequacies of current criminal legislation in China,and proposes to divide minors into three ages to implement protection.Minors fully include protection,establish and improve three points of opinion on punishing the criminal criminal law of minors;The fifth part is summary divided of this paper,based on the status of criminal legislation on the Community Notification Program and practitioners in our country the possibility of prohibiting the implementation of the full application.The novelty of this paper is that it proposes to divide the age of minors into three stages for targeted protection,and to include sexually assaulted preschool children in the aggravating circumstances;for the protection of male minors’ sexual rights,we should start from expanding the definition of rape.At the same time,it is determined that women can be the subject of crimes of rape of male minors.In addition,this article in the summary part of the implementation of the Community Notification Program in China and the full implementation of the sex offenders prohibition system has their own thinking.Through the study of the above problems,we hope to make a contribution to prevent sexual abuse of minors and protect the healthy growth of minors.