| Rights of the person are the most basic human rights, and the penalty law is the last weapon of protecting rights of the person. With the development of economy and science technology, the traditional definition of crime in which only females and children are involved as victims has changed, as people of many other sexes have also become a part of the victims. While the penalty law of our country is protecting the sexual rights as well as untransaction of the right of body, it fails to protect those rights of the adult nonfemales. This indicates a deficiency in rights of the person in the penalty law, which damages the fairness principle and equality principle.The so-called adult nonfemale refers to all such persons above 14 years old, with males as the majority, as Pseudo-male, pseudo-female, double sexual, asexual, trans-sexual etc, who are not normal in sex. The deficiency of their rights is obvious mainly in the rules of the penalty law in relation to rape crime, crime of misdemeanor and crime of abduction and sale of women and infants, etc. Once adult non-females become victims of those crimes, the penalty law will fail to reach them or punish the criminals according to other laws, therefore makes the same crimes be punished accordingly or even escape being punished when different kinds of victims are involved. Therefore, the author intends to analyze the reasons of the deficiency and the necessity of completing the penalty law and make a primary exploration to the possible measures that could be taken in penalty law to protect the adult nonfemales.This thesis consists of three chapters, covering the present conditions of protecting the rights of the person of the adult nonfemale, the reason why the deficiency occurs, i. e., why should we complete the penalty law and how to complete the penalty law in consideration of protecting the rights of the person of the adult nonfemale. There are seven parts in the three chapters, discussing from different angles all the topics above. The first chapter of this thesis raises questions and states the present conditions of protecting the rights of the person of the adult nonfemale. Firstly, the author raised a new definition of adult nonfemale, i. e., all such persons above 14 years old, with males as the majority, as Pseudo-male, pseudo-female, double sexual, asexual, trans-sexual, , etc, who are not normal in sex. On this basis the author discusses the present conditions of protecting the rights of the person of the adult nonfemale. The general rules of the penalty law of our country protect the sexual rights as well as untransaction of the right of body of all the people including female and people of other sexuality, but also reveal a deficiency in rights of the person. The author states in detail the connotation and denotation of the sexual rights and believes that the protection of the sexual rights in the penalty law is mainly revealed in the rules of rape crime and crime of misdemeanor. Once adult non-females become victims of those crimes, the penalty law will fail to reach them or punish the criminals according to other laws, therefore makes the same crimes be punished accordingly or even escape being punished when different kinds of victims are involved. On this basis the author discusses about those deficiencies.The second chapter of the thesis is analysis, as the author analyzes the reason of the deficiency and the necessity of completing the penalty law. The first part talks about the common reason of the deficiency of the protection of adult nonfemale's untransaction of the right of body: the traditional idea about women are inferior to men, rare occurrence of nonfemale's untransaction of the right of body and the reality that the number of the male are more than female. Then the author discusses the special reasons of the deficiency. The deficiency of the sexual rights in the penalty law is mainly caused by the bias in understanding the sexual rights and sexual crimes. The deficiency of the untransaction of the right of body is mainly because that in the male dominating society female possesses such economic factors as value and use-value. The second part of this chapter generally analyzes the necessity of the improvement systematically in six aspects: the necessity of human rights equality necessity, the requirements of moral and social development, the requirements of decreasing social damages and the requirements for realizing penalty, the summon of judicial practice and the necessity of connection with the international society.The third chapter of the thesis is mainly about solutions and raises the solutions of completing the protection of the rights of body of adult nonfemale in penalty law. In the first part of the chapter, the author raises the policies we can take to complete the law on the basis of a clear statement of the forms of the violations of the rights of body of the adult nonfemale. The author categorizes the forms into 5 types: female's rape to nonfemales, especially male; sexual violence from the same sex; crime of misdemeanor to adult nonfemales; force the victim commit sexual relations with a third person; organize, lure and arrange the adult nonfemales sex trade-prostitution. The purpose and usages of transacting adult nonfemales are: to force the victim to work; to get organs; to sell and buy adult nonfemale in order to do crimes; to sell the victim to others for marriage; to force the victim to do sex trade. These five purposes consist of the five ways of transacting adult nonfemales. The second part of the chapter raises suggestions of legislation. In this part, the author introduces the relative regulations of law in some foreign countries, Hong Kong, Macaw and Taiwan and draws the conclusion that many of the developed countries emphasize very much protection of human rights equally. The third part of the chapter raises the reasons of modification of untransaction of the right of body of female and children, lists the legislation changes in the history of our country and believes the penalty law of 1997 does no longer fit the development of modern society and concludes that we should define the crime of transaction of the right of body of female and children as the crime of transaction of the right of body of human. This change meets the requirements of law practice, penalty purpose and the fundamental characteristics of crimes. Finally the author raises that at the same time we should also emphasize legislation explanation and try our best to protect the untransaction of the right of body of all the people. |
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