Research On The Knotty Issues Of Sexual Assault By Persons With Care Duties

In my country’s newly promulgated("Criminal Law Amendment" XI),the new establishment of the crime of sexual assault by persons with caring responsibilities,to a certain extent,fills in the legal practice on minor women who have reached the age of 14 but have reached the age of 16.Not caught in a loophole in the sexual assault law.It will help to further tighten the criminal law network,realize the further protection of the sexual rights and interests of minors,and reflect the determination of the judiciary to severely crack down on the crime of sexual abuse of minors.Chapter 1 is that the legal interests protected by this crime are the sexual autonomy of women who have reached the age of 14 but have reached the age of 16.The true intention of the law is not to partially raise the age of sexual consent for underage girls,but to protect underage girls from having sex.true will to act.Through the mild legal paternalism,sexual self-defense ability and legal provisions,this paper interprets the protection of legal interests of this crime,and at the same time sorts out the theoretical viewpoints and argumentation logic of this crime’s protection of legal interests and responds to it.Neither the healthy physical and mental development theory based on strong legal patriarchy nor the compromise theory formed according to constitutional norms can explain the core essence of the crime of sexual assault by persons with care responsibilities.In chapter two,the scope of the behavior subject of this crime can not be limited to five behavior subjects,but should focus on expanding its extension from the two aspects of "special" and "duties" to meet the actual needs of judicial practice.The understanding of the word "duties" should be grasped from the perspective of specific obligations,and the understanding of the word "special" should be judged from the perspective of the implicit coercive means produced by the crime as the subject.Of course,the grasp of the scope of the subject of this crime should also consider the modesty of the criminal law and the actual needs of the criminal policy of combining leniency and strictness.It should not be too broad and should be treated differently according to specific circumstances.Chapter 3 The consideration of the conduct of this crime should be based on the basic legal norms,and the interpretation of "sexual relations" in the legal norms of this crime should be considered reasonably.The choice of behavior mode,that is,the nature of the implementation of this crime is the traditional insertion theory,the implementation of this crime is to have sexual relations,and it includes all types of sexual assault.The fourth chapter is the focus of discussion on the co-opetitive relationship of legal provisions arising from the implementation of the crime of this crime and rape.Acts can be directly convicted and punished in accordance with the felony crime,namely rape.If there is a co-opetitive relationship,the two crimes are the same,and the special law shall take precedence over the common law in order to achieve legal consistency.