Qualitative Research On Online Child Molestation By Criminal Law

With the development of information and network technology,the number of child netizens continues to increase,and cases of using the Internet to infringe on minors are also increasing year by year,especially cases of molesting children on the Internet have continuously emerged in recent years.Through the analysis of typical cases,it can be found that in practice,online child molestation still has unclear qualitative definitions and vague identification of relevant crimes.As a new type of cybercrime,this behavior breaks our perception of traditional crimes,making it hard to imagine that you can be molested while sitting in front of a computer.This behavior used the Internet platform to perform non-contact and obscene behaviors on minor children in a specific online virtual space.The characteristics of this behavior are mainly manifested in the following aspects: the criminal behavior is highly secretive and lasts for a long time,the criminal subject has a higher education and tends to be younger and subjectively malignant is easy to escalate;the victim has many victims and is inclined to passive silence.The consequences are more serious.This behavior has severely damaged the physical and mental health of underage children,and caused great adverse effects on the society.The criminal law urgently needs to accurately characterize it and regulate it.However,at this stage,the criminal law of my country is not clear on the criminal law of online child indecency,which brings certain difficulties to the criminal law of this type of behavior in practice.This article will focus on online child indecency and analyze practical cases.At this stage,what are the differences and controversies in the qualitative aspects of online child molestation,so as to provide corresponding countermeasures.The controversy on the characterization of online child molestation mainly focuses on the crime and the circumstances of the crime.Regarding the crime,the behavior mainly involves the following views: the first view is that the behavior is not guilty,and the criminal law does not clearly stipulate that non-contact indecency is an indecent crime and therefore cannot constitute a crime;the second view is that it should be constituted.The crime of child molestation,which is one of the methods of obscene behavior,also meets the constitutive requirements of the crime of child molestation;the third view is that it constitutes the crime of disseminating obscene materials,and performing pornographic performances or disseminating obscene materials in cyberspace meets the constitutive requirements of obscene materials;The fourth view is that it constitutes the crime of organizing obscene performances,and that the perpetrator organizes the victim to perform obscene actions and performances in cyberspace meets the constitutive requirements of the crime of obscenity;Inducing minors to commit fornication in cyberspace is in line with the constitutive requirements of the crime of assembling a crowd.The controversy regarding the circumstances of the crime is mainly manifested in situations where underage children cooperate voluntarily,in public places,in crowds,situations where there are other bad circumstances,and situations where the circumstances are significantly minor.The main opinions of the practical community on these situations are inconsistent.All have more or less affected the accurate conviction and sentencing to a certain extent.Online child molestation should be regarded as the crime of child molestation.First of all,online child indecency belongs to the category of child indecent crimes.From the legislative intent and the text of the criminal law,the classification of untouched indecent behavior as one of the methods of indecent behavior does not exceed the general national expectations.No expanded explanation is made that is not conducive to the perpetrator,but a reasonable explanation within a certain legislative scope that is in line with the social development and legislative intent;secondly,Network indecency against children conforms to the constitution of the crime of indecency against children.From the subject,object,objective and subjective aspects of crime,there is no difference between the crime of child molestation and the crime of child molestation.Finally,the act was identified as child molestation,does not violate the principle of legal punishment.Regarding the specific application of the establishment of the crime of child molestation,firstly,the situation of children’s voluntary cooperation does not affect the establishment of the crime of child molestation;secondly,the determination of public implementation in public places as long as the behavior of the perpetrator can be discovered by other unspecified majority of people in the network or Seeing it can be regarded as being carried out in public in a public place;the third is the identification of gathering in public as long as multiple actors are consistent in time,regardless of whether they are in the same space or not,it can be regarded as being carried out in public;and then about other bad circumstances Applicable As long as the behavior meets more than three or more than three times,and conducts threats,intimidation and other behaviors,it should be deemed bad;in the end,if the circumstances are significant and minor harm is not serious,it can be considered as a crime.