Indecency Research In The Crime Of Indecency

The meaning of the word "indecency" is closely related to the popular ethical concept,and its connotation is increasingly enriched in the social changes.At present,the subject and object of indecency have broken through the limitation of gender,and it is indecency to carry out the sexual meaning behavior except the sexual intercourse pointed to by the rape crime on the basis of unconsensual between both parties.According to the provisions of "forced indecency crime" in China,indecency needs to be enforced by violence,coercion or other methods,but there is no unified consensus on the meaning of "other methods".Specifically,there is a trend of polarization in the cognition of whether "exploitation state" can be covered by "other methods".While the academic circles are arguing about this,the phenomenon that the "utilization state" is evaluated as "other methods" has appeared in judicial practice.One is to use other people's reaction is not as good as the implementation of indecency,break through the restriction of coercive means;The second is to make use of others based on sexual shame,worry psychology did not resist the act of indecency on the spot,determined that the doer violates the sexual will of the object of the act,by "other methods" forcibly indecency.This paper holds that the purpose of protecting the legal interests of indecency crime is the sexual rights of citizens,and the exclusivity of sexual rights should be fully recognized and effectively protected under the background of severely cracking down on sexual crimes.Understanding obscenity in criminal law should be based on the theory of protection of legal interests,adopt the point of view of substantial interpretation,and seek a kind of interpretation method which can reach a value consensus among the public,scholars and judges from the perspective of criminal doctrine to properly explain the meaning of "other methods" of obscenity.This paper is divided into five parts besides the introduction and conclusion.The following questions are put forward: the identification of indecency by "other methods",the legislative status quo and judicial practice tendency in the crime of indecency in China,the related interpretation theory of "other methods" and the differences behind it,the identification scope of "indecency" in the criminal law,and the expansion interpretation of "indecency".The first part raises the question,in the current situation of increasing incidence of indecency crime,whether the "other methods" of compulsory indecency crime can be covered by taking advantage of others' defenselessness or if they do not resist on the spot based on sexual shame and worry.The second part expounds the legislative status quo and judicial tendency of the crime of indecency in China's criminal law.After sorting out the legislation of indecency crime,it is concluded that Chinese legislators pay more attention to the function of safeguarding the legal interests of criminal law,increase the punishment of sexual crimes,and fully protect the sexual rights.And use the method of empirical analysis to analyze the specific behavior types of indecency in the criminal cases of indecency,so as to draw the conclusion that the judicial organs break through the standard of coercive means in the crime of coercive indecency.The third part elaborates the hermeneutics of "other methods" and the differences behind it.There are two camps for and against the phenomenon of "other methods" covering "utilization state" in the academic field.From the perspective of the interests of the law on the protection of indecency crime,the supporters hold that the "utilization state" is true and violates his human will and his human rights,and has the core feature of violating his human will behind the "other methods".Opponents believe that supporters of the view is not conducive to the protection of human rights,damage to the principle of legal punishment.The underlying reason for the debate between the two is the different interpretation positions.This paper insists that the semantic meaning of obscenity should be clarified by substantive interpretation theory.The lowering of the threshold of obscenity crime is in line with the mainstream values of protecting rights increasingly.The fourth part puts forward the scope of determination of "indecency" in criminal law.Based on the theory of substantive interpretation,this paper defines the meaning of indecency from the perspective of the legal interests of the protection of indecency.By making it clear that the essence of indecency lies in violating the sexual rights of the victim,we can distinguish indecency from intimacy and sexual harassment,and distinguish the indecency of administrative lawless acts based on the standard of abominable circumstances.The fifth part puts forward the legal doctrinal basis for the expansion of the interpretation of "indecency" and delimits the interpretation boundary according to the legal interests of the protection of indecency crime.In order to overcome the limitation of written law and adhere to the requirement of substantive justice,the author takes the interpretation method of expansion interpretation,and puts forward the concrete path: one is the application of the expansion homogeneity interpretation rule in the "other method";the other is the application of purpose interpretation in the "other methods".