| With the development of society and internet technology,there have been increasingly more cases of child sexual abuse exposed by the media in recent years.The objects of the abuse and the types of abusive behavior are constantly changing,indicating an urgent need for the improvement and perfection of China’s legal system regarding child sexual abuse.From a perspective of social harm,children are the hope of a nation’s development,and their physical and mental health is crucial.Due to their immature psychological and physiological aspects,children are unable to make correct judgments about their own behavior,and experiencing sexual abuse can cause irreversible harm to them,which should be given sufficient attention by society.Although China’s attention to children’s sexual rights has gradually increased with the rising exposure of child sexual abuse cases,the legal regulations are still not comprehensive enough,with vague language and gender discrimination in legislation,and insufficient differentiation in judicial practice between child abusers and other perpetrators.The protection of children’s sexual rights in both legislation and judicial practice is mostly a form of post-remedy,while the harm caused by sexual abuse to children is irreversible,so there is a need for in-depth research based on existing cases and China’s actual situation to reduce the occurrence of child sexual abuse cases.This article aims to study China’s legal protection mechanism for children’s sexual rights through empirical analysis,literature analysis,and comparative research,and to propose improvement suggestions based on actual conditions and relevant content in criminal psychology.The rough outline is as follows:In the first chapter of the introduction,the efforts made by China in protecting children’s sexual rights in recent years are first introduced,followed by an explanation of the research significance of protecting children’s sexual rights,which is primarily to change people’s thinking,expand the protection scope of children’s sexual rights,and provide more comprehensive protection.The current research status of children’s sexual rights both domestically and internationally is summarized,and it is found that most of the existing research is from the perspective of the victims.Relevant concepts are then analyzed:the definition of children is clarified,the connotation of sexual rights is distinguished,and the difference with children’s sexual rights is mainly that they have not yet developed the ability to understand sexual behavior.The scope of abusive behavior is clarified,which includes not only substantive sexual abuse but also sexually suggestive behavior.Finally,the research methods,innovation,and shortcomings of the paper are introduced.In the second chapter,empirical research is conducted on the characteristics of child sexual abuse cases.Through statistical data analysis,the locations where child sexual abuse occurs are summarized,and the characteristics of sexual abusers and their behavior are discussed based on content from criminal psychology.In chapter three,a summary and comparison of legislation regarding children’s sexual rights protection in both domestic and international contexts was presented.It was pointed out that in China,most of the legislation regarding children’s sexual rights protection mainly focuses on providing remedies after the fact,without addressing the root causes of child sexual abuse.Various types of offenders were analyzed,and the causes of their crimes were summarized.The protection of male children was found to be insufficient,and the legislation regarding online sexual abuse of children was inadequate.In addition,the remedies for children in judicial practice were found to be insufficient.Chapter four proposes legislative suggestions for addressing the issues with the legal protection mechanisms for children’s sexual rights in China.It advocates for expanding the scope of legislative protection,raising children’s awareness of sexuality,creating a good environment for children’s growth,and reducing the incidence of sexual abuse from the root.Improving judicial remedies and the allocation of judicial personnel to ensure that children can receive targeted protection during judicial practice is also recommended.By identifying the characteristics of criminals,the chances of victimization can be reduced,thus reducing the likelihood of children being sexually abused.In the conclusion,the difficulties,causes,and solutions for protecting children’s sexual rights were summarized. |
