The Research On The Conviction Of Online Child Molestation

With the rapid development of information technology,the Internet redefines and reshapes the physical space in the traditional sense.The criminal law system established on the concept of traditional space faces the challenges brought about by new types of cyber crimes.The crime of child molestation on the Internet is also one of the challenges.one.The crime of child molestation on the Internet refers to an act in which the perpetrator conducts indirect physical contact with children in a virtual space through the Internet,which seriously infringes upon the child’s personal dignity and mental health.In 2018,the Supreme People’s Procuratorate issued the eleventh batch of guiding cases,which responded to the problem of online child molestation and clarified the nature of the crime of child molestation.At the same time,the "Criminal Law Amendment of the People’s Republic of China(11)" adopted an independent application The aggravated plot of the crime of child molestation is clear and perfected.With the networkization of crimes,perpetrators use QQ,We Chat and other network software to trick,force,or other methods to ask children to take and transmit indecent photos and videos that expose the body,and see the naked and sensitive parts of the victim child through the screen.A serious violation of children’s personal dignity and mental health has the same social harm as indecent acts of actual contact with children’s bodies,but in practice there are still crimes and non-criminals,this crime and that crime,and aggravated punishments.Controversy on the determination of the plot.Therefore,to study the criminalization of online child indecency,it is necessary to clarify that online child indecency has the same legal interest as the traditional direct physical contact,and online obscenity can be regarded as indecency in the criminal law,and online coercive methods are relevant to reality.The coercive methods are consistent in degree,and plots such as "gathering crowds" and "public places" are also applicable in cyberspace.