| With the continuous development of social culture and the progress of democracy and the rule of law,the right to sexual autonomy as a universal human right has received more and more attention from citizens.In recent years,cases of sexual abuse of children have been frequent,and in order to further combat crimes of sexual abuse of children,China has introduced relevant laws and regulations one after another to further protect children’s sexual rights.However,the protection of children’s sexual rights in China’s criminal law differs according to gender,and the protection of boys’ sexual rights is significantly unequal to that of girls.As the number of cases of sexual abuse of boys increases year by year,unequal protection of boys’ sexual rights receives widespread attention.Based on this,this thesis analyzes the protection of boys’ sexual rights in criminal law,combines judicial practice cases and overseas legislative experience,and makes suggestions for improving the legislation on the protection of boys’ sexual rights.The thesis is divided into three parts,excluding the introduction and conclusion:The first part analyzes the connotation of boys’ sexual rights and summarizes its characteristics.According to the Convention on the Rights of the Child and the relevant provisions of the principle of equality,it is proposed that the sexual rights of children are equal and that there should be no difference in protection on the basis of sex,and that the sexual rights of boys should be protected equally.Secondly,based on relevant statistics and cases in judicial practice,it is pointed out that the sexual rights of boys are extremely vulnerable to infringement,but the current legislation has obvious inequality in the protection of the sexual rights of boys,and the regulation of sexual abuse of boys is contrary to the principle of equality and the principle of proportionality between crime and punishment,and it is necessary to amend the relevant legislation.The second part mainly discusses the current legislative situation and insufficient legislative protection of boys’ sexual rights,and puts forward the need to strengthen the protection of boys’ sexual rights.First,the existing laws and regulations are enumerated,and the Ninth Amendment to the Criminal Law and the Eleventh Amendment to the Criminal Law are introduced in detail.Secondly,through the analysis of the current legislative situation,the shortcomings in the protection of boys’ sexual rights are discussed,including the gender differences in the protected objects,the narrow definition of "sexual intercourse",the vague definition of "obscenity" and "rape",and the inconsistent criteria for committing indecent acts.In the case of protected objects with gender differences,the related crimes are enumerated and discussed in detail with judicial cases.Finally,it summarizes the need to strengthen the protection of boys’ sexual rights,and points out that perfecting legislation is the most effective way to achieve equal protection of boys’ sexual rights from the perspective of hermeneutics.The third part discusses the legislative improvement of the protection of boys’ sexual rights,analyzes for the first time the feasibility of strengthening the protection of boys’ sexual rights,and proposes to strengthen the active intervention of criminal law under the concept of positivist criminal law,expand the circle of crime,and further realize the amendment of sexual crime provisions to realize the equal protection of boys’ sexual rights.Under the influence of rights-based values,citizens are increasing emphasis on protecting their own rights,sexual rights as a basic human right should be protected equally.The legislative experience of overseas countries in equal protection of boys’ sexual rights provides a practical basis for realizing equal protection of boys’ sexual rights in China.Then,from the legislative point of view,the legislative experience of foreign countries is combined to propose legislative improvements for the protection of boys’ sexual rights.First,legislative improvements for the crime of rape include the inclusion of boys in the scope of protection,the addition of females as the subject of the crime and the redefinition of sexual intercourse.Secondly,the proposed improvement of the offence of indecent assault on boys includes further broadening the scope of protection,defining the act of indecent assault,and progressively achieving equal protection of the sexual rights of boys. |
