Research On Several Issues Of The Crime Of Molesting Children

With the high incidence of sexual abuse against children and the exposure of more and more such cases,the issue of children’s sexual protection is increasingly concerned by the society,and the sexual abuse crime brings immeasurable harm to the body and mind of child victims,could affect a child’s life.The crime of molesting children refers to the crime of molesting children under the age of 14,which is stipulated in Article 237 of the Criminal Law of China.But there’s no provision for a separate charge.With the publication of the opinions of the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security and the Ministry of Justice on punishing sexual assault according to law,the opinions of the Ministry of Justice on punishing sexual assault according to law,and the opinions of the juvenile delinquency on punishing sexual assault according to law,as well as the eleventh batch of guiding cases of the Supreme People’s Procuratorate and "procuratorial recommendation No.1",the crime of indecent assault on children has been perfected to a certain extent,but there are still some defects: the extension of the concepts of "indecent assault","public place" and "public" is expanding constantly,the cognizance standard of aggravating circumstances of the crime of indecent assault on children is not clear;In the judicial practice,the problem of uneven sentencing level of the crime of indecent assault on children is prominent,which hinders the improvement of judicial efficiency to some extent and affects judicial predictability.This article aims to take the brief case as the breakthrough point,carries on the system research to the indecent assault crime and the non-crime,the crime misdemeanor heavy,the sentence level balanced and so on a series of questions.