| Sexual assault Crimes of Personnel with Care Duties is to fully protect the establishment of the sexual rights of minors to be established,and it has the legislative colors that ease parentalism.debate.First of all,in terms of legal benefits,the development of physical and mental health and sexual development can not become the legal and legal,and the right to sexual autonomy can explain the infringement method to the influence and interference of the type by explaining the connotation of the legal interest,and give it " sexual body and mind peacefulness." As a nucleus of the legal and interest,this crime is explained.Secondly,behind the main body of the care responsibility,the responsibility reflects the inequality between the actor and the victim.This relationship includes the inequality of the power structure and the special trust structure.Freedom.Third,the actor and the minor relationship need to constitute a " superficial intention".If there is a surface forced,it constitutes a crime of rape rather than this crime.The state of resistance,but it still has a negative effect on the victim’ s self-choice.Secondly,the responsibility form of this crime is intentional.The actor has the intention of using special responsibilities to have sexual relationships.It is necessary to distinguish the non-criminal deliberations of non-criminal relationships with the sexual relationship between the ages.At the same time In deliberate situations,such as wrong understanding of individuals and age.In the end,the relationship between the law and the crime of rape should be the selection relationship in the relationship between the law and the competition.In terms of applications,we must pay attention to the application of the case of distinguishing the sin and the use of special responsibilities rape.Between this crime and obscenity,it should be a oppositional relationship,but the obscenity behavior is accompanied by the crime,and it becomes a means to test whether the victim is willing to have sex.In terms of comparative legislation,the criminal law of Germany,Japan,and Chinese Taiwan has a large difference between the criminal law and this crime.Reference meaning. |
