On The Legal Protection Mechanism Of Sexual Assault Of Children In China

Although China’s existing child sexual legal assault protection mechanism has made great progress compared with ten years ago,it is trapped in the integrity,long-term and social nature of the legal protection system reform of child rights.Obvious.The sexual assault incidents of children have been exposed year after year,but they are still emerging endlessly.Not only are the old problems not completely solved,but the new problems have stimulated the nerves of the public.In the past two years,various or improved or newly established legal protection mechanisms for child sexual assault have been explored.Although everyone applauded when it was first introduced,in practice,many problems have been highlighted.The author intends to study the legal protection mechanism of sexually assaulted children and try to put forward some new ideas and directions to promote the development and improvement of child sexual assault protection mechanism in China’s mainland.This article is mainly divided into three chapters.The first chapter analyzes data on child sexual assault incidents in China in recent years,depicts the current situation of child sexual assault incidents and discusses the necessity of legal protection mechanism for child sexual assault.For the original intention of protecting children’s sexual rights.Then the author explained the existing legal protection mechanism of child sexual assault from two levels of international law and domestic law.International law is mainly based on the Convention on the Rights of the Child,while domestic law focuses on two aspects: pre-prevention and ex post-relief.The pre-prevention mechanism includes the sexual crime information disclosure system,mandatory reporting system,employment restriction system,Onboarding inquiry system and prevention of sexual assault rule of law learning system,etc.,ex post relief mechanisms include victim relief system and special lawsuit limitation system.The second chapter starts from finding problems,and lists three problems that the author thinks are more prominent at this stage.The first is that the pre-emptive prevention mechanism for such incidents is still weak,and a systematic and complete protection system has not been formed,so that children can be protected.Good prior protection,and this deficiency mainly stems from inadequate guardianship mechanisms for families and social organizations;the second is the lack of privacy protection mechanisms and the backwardness of evidence collection mechanisms,which make it difficult to advance the proceedings in child sexual assault cases.The backwardness of the evidence collection mechanism of the case itself,on the other hand,is also due to the lack or inadequacy of the existing privacy protection mechanism,which leads to a higher rate of hidden cases in child sexual assault cases than ordinary cases of sexual assault;Interpretations have resulted in gaps in punishment for such cases,with an increasing number of young offenders.The third chapter is some suggestions based on the above three issues or drawing on extraterritorial or combined reality.Mainly includes the establishment of a special prior disclosure system for sexual child assailants for pre-emptive prevention;in response to the difficulty of advancing the litigation process,improving the testimony protection mechanism for child victims to reduce the hidden case rate;revising existing legal documents to fill sexual assault children The gap in the behavior handling mechanism,the proposed amendments mainly focus on the three aspects of the age of criminal responsibility,joint responsibility of guardians,and protective measures.