Criminal Law Regulation Of Online Child Molestation

For increased in recent years,the network of child molestation case from a distance,the processing is not consistent in the judicial practice situation,in2018 the Supreme People’s Procuratorate issued 11 batch of guiding cases a child molestation case in Locke（43,test cases）,for example,has been clear about the network environment,in order to meet the sexual stimulation,for the purpose of no direct physical contact with a murdered child,but through QQ,such as We Chat network software,to lure,force or any other method for children,transfer exposed themselves indecent photos,video,actor through images to see a murdered child,sensitive parts of the naked,is on children’s personality dignity and mental health of serious violation,If the indecent act has the same social harmfulness as the actual contact with the child’s body,it shall be determined that it constitutes the crime of indecent assault on children.There are still some controversy in the theoretical circle and judicial practice and problems,so it is necessary to discuss the rationality of the crime of child molestation as existing regulation,retrieval,sorting and summarizing the existing judicial cases,and combining with the judicial practice and the relevant provisions of the law outside case a targeted research,for the network distance the reasonable path of child molestation behavior to provide criminal law,and perfect the criminal legislation,to better protect children’s rights.Around Internet child molestation from a distance,a new obscene behaviors,crimes,which should be solved firstly in theory and is not a crime,this crime and the crime,the former is the focus of the controversy is network abuse from a distance the cognition of the obscene have physical contact,there is no physical contact does obscene violate the criminal law to protect the legal interests,the controversial should into sin,while the latter focus on whether there is other applicable except crime of child molestation charges in the space,on the behavior of qualitative controversial;Second,in the judicial practice,by the network child molestation case from a distance the crime of child molestation revealed by the deficiency of existing regulations,including the limitations of the crime of child molestation itself,such as the cognizance of "children" identity does not do enough to protect their rights,aggravating the cognizance of the plot is not clear,the penalty applicable standard,etc.,and because of the "network" of the new features are presented to cope with the situation of insufficient,from the crime constitution,compound plot,sentencing and derivative damage behavior cognizance aspect questions;Finally,based on the deficiencies of existing regulations and the new problems in the practice of network separation of child molestation cases,solutions are designed to improve the criminal legislation,solve the difficulties in judicial practice and protect the rights and interests of children.