Research On Criminal Law Recognition Of Online Child Molestation

The case of online child molestation caused a strong reaction after the Supreme People’s Procuratorate issued relevant guidance cases.Whether it can be considered child molestation crimes has formed two different views in the judicial practice and criminal academia.The focus of the debate is whether online obscenity can produce the same harm as traditional indecent behavior,and whether behavior without physical contact can be interpreted as indecent behavior in Criminal Law.According to the legal interest and manifestations of violations of behavior,online child molestation can can be considered child molestation crimes.This article is divided into four parts.The first part is a basic overview of online child molestation.Internet indecent children have three main characteristics: multiple crossings of inducement methods,physical space isolation and most of the perpetrators of indecent acts were victims.There are two opposing views on whether this behaivor can be considered child molestation crimes.This controversy exists objectively which needs to be clarified.The second part is a legal analysis of infringement of online child molestation.The legal interest of child molestation crimes is the child ’s sexual shame,which is a moral right.Acts without direct physical contact may also violate it.The actor uses victim as a tool to commit the crime through the Internet,which is an indirect offender.Online child molestation is a special manifestation of child molestation crimes so judgment should be made on the basis of whether the behavior can cause the same social harm as traditional child molestation crimes.The third part is the criminal determination of the objective aspects of online child molestation.By sorting out domestic and foreign criminal law norms and theories,this paper defines the meaning of "obscene" that is in order to meet obscene purposes,violate the will of others,use sexual and mean methods to make sexual sense to them,seriously violate their sexual shame.And for children,it is not necessary to violate will.Online child molestation is divided into two behavior modes: the victim is the implementer of indecent acts or the victim is the viewer of indecent acts.The starting standard of the criminal act should focus on the actual perpetrators of indecent acts.The fourth part is the subjective manifestation of online child molestation Because the evolution of legislation in our county and the Criminal Law stipulates the crime of coerciveindecency and insulting at the same time,it is necessary to insist on the crime of indecent as a tendency crime.In order to fully protect children’s sexual rights,the crime of humiliating children should be set up against the crime of compulsory humiliation.To judge the offender knows the victim is a childunder 14 years of age,we can see from the follwing:if the actor restrictes to specific ages when searching criminal status;the web chat history or making general presumptions based on the specific situation in the process of online communication to judge whether the actor knows.