| After sorting out the judgments on child molestation crimes nationwide in 2018 and the judgments on child molestation crimes in Chongqing from 2015 to 2019 on the Chinese judgment online,we find that there is a lot of confusion in sentencing,mainly reflected in the big difference in terms of terms of imprisonment.The provisions concerning the crime of indecent assault on children in the criminal law and its judicial interpretation are vague,and are determined by comparing with article 237 of the criminal law for the crime of indecent assault on another person or insulting a woman.Article 23 of the opinions on punishing crimes of sexual assault against minors issued by the supreme people’s court,the supreme people’s protectorate,the ministry of public security and the ministry of justice provides for the aggravation of penalties.Based on the comprehensive criminal law,opinions on punishing crimes of sexual assault against minors and the written judgment,it is found that there are four main factors affecting the sentencing of crimes of indecent assault on children,namely public places,means of indecent ACTS,the identity relationship between the actor and the victim,and the criminal record of the actor.Starting from the above four factors,through the analysis of the meaning of each factor,the standards of recognition,the significance of the community,to determine its important significance for the impact of sentencing.Four factors should be taken into consideration when sentencing,which fully conforms to the principle that punishment should be compatible with culpability.In addition to the introduction and conclusion,the text is divided into four parts.The first part mainly analyzes the meaning of "public" in public places and recognized standards,in the case of the standard of evaluation of meaning to introduce ten cases,and finally put forward is a public place in certain circumstances should be for the public,so as to "public" in public shows the most true of sentencing.The second part is to discuss the effects of the indecent means of the perpetrator on the degree of injury to the victim.Through the analysis of the meaning of indecency and its behavior identification,we can better grasp the essence of indecency.This part also analyzes the independence of indecent ACTS and rape ACTS.The evaluation of the independence does not carry out repetitive evaluation on the relevant ACTS,which fully conforms to the principle of the adaptation of criminal responsibility and punishment.The third part is the impact of the particularity of the identity relationship between the actor and the victim on social morality and ethics,which has an impact on sentencing.The main analysis is a common family life as well as the relationship between teachers and students of the case.The fourth part is to analyze the influence of criminal record with criminal identity,especially sexual crime,on the sentencing,through the analysis of the degree of harm to the society,the danger of the person to determine the difference between the actor with criminal record with non-sexual crime,so as to determine the difference in the sentencing. |
