Sex Crimes Of Criminal Law And Reconstruction

Patriarchal society have a long history, patriarchal culture permeates the whole society culture. sexual hegemony, as an important part of male supremacy also permeates sex culture. While China's criminal law as part of the social culture, in sex crimes are not exceptional also in male culture permeation. Feminism arose in the west, so-called feminism, is a major source of experience in women with motivation for the social theory and political movement. Feminist thinking and movement spread to China in the 20th century. In the Chinese society, including the women's status has undergone earth-shaking changes. Especially since the reform and opening up, China's economic, social and cultural aspects of its a new stage, in the women's liberation, cultural change in the founding already different, but our country's criminal law in criminal regulation of ideas and specific setting still lags behind the development of The Times, and have got a conflict of the advanced idea of equality between men and women. The feminist theory can open minds, make the women to understand the essence of gender inequality in gender and sexual politics, power is not equal. Consciousness This is from a feminist perspective, our sex crimes to reflect on the problem of criminal law regulation and reconstruction. Such reflection and reconstruction for the center with traditional patriarchal culture background of our sex crime legislation is of great theoretical and practical significance.Specifically, this paper mainly consists of the following content:The first chapter of criminal law, criminal summary. This paper based on the feminist in sex crimes and reconstruction of the criminal law. Therefore, in the first chapter of the article, the authors choose from several aspects of sex crimes criminal law made a summary. Firstly, the author introduces the particularity of sex and sex culture of different types, and briefly analyzes the cultural change. Secondly, briefly introduces the standard as cultural subsystem, it is one of the role and function of criminal law, points out that the sex crimes in the regulation is the most severe a method. Once again, from the Angle of contemporary sexology, combined with the essential attribute of crime in our country, the concept of sex crimes and the scope for a definition. Finally, the author discussed respectively of sex crimes of criminal law and historical evolution of sex crimes of criminal law in China, points out that the current situation of sex crimes of criminal law regulation to strengthen the protection of personal rights exist, but male colour dense, stressing the good social fashion, etc.The second chapter Outlines and feminism. This is an article using the feminist methods to look into our country criminal law regulation of sex crimes, therefore this chapter 2 of feminism made a summary. Main contents include: first, the origin and development of feminist , feminist theory and practice of the historical evolution of feminism, the three schools and postmodern feminist theory. Second, feminism to sexual problems, including legal regulation law of feminism, feminism problems of sex of a few big laws and regulations, and mainly introduces the proposition of feminism and the problem itself, sexual harassment, rape and gay pornography, outside marriage problems, understanding and constructive opinions.The third chapter, based on the feminist on our sex crimes and reconstruction of the criminal law. This chapter may be divided into two big main levels of feminism, first in China, based on the concept of criminal law and regulations. In this section, from the feminist theory and practice of traditional patriarchal social cultural reconstruction, feminist theory and practice of China's cultural influences, to establish new-type, adapt to the trend of The Times of sex crimes criminal law are discussed from three aspects of concept, feminist theory and practice of traditional patriarchal social cultural transformation. Specific to the Chinese cultural field, the spread of feminism theory and the feminist movement in China, make sex culture and the values of the big change, women's liberation, ideas and practice more and more relaxed atmosphere of domestic sex of the conventional attitude problems and tolerance. But the traditional sex culture and sex in China still has certain influence to men and women, the double standard etc, the government still exist in the public policy issues still tend to keep. In this case, the author advocates based on sex culture on the basis of the criminal law and regulation of sex crimes should be changed, ought to establish new-type, adapt to the trend of The Times of sex crimes of criminal law philosophy, positive social status, should respond to the scope of compressibility crime. In the aspect of non-invasive rights in criminal shall be equal to the thought and guidance to the personal dignity of the upper right as a concept, get rid of the traditional gender difference for constructing the theory framework, however, and unilateral emphasize the importance of women's rights. In current society, actively respond to adults, private voluntary control of sex at the same time, to strengthen the protection of human rights to minors. Second, in China's criminal law based on the feminist thoughts and setting of crime. In this section, the feminist perspective respectively from the actual situation in China is discussed, and the crime of rights infringement of crime and prostitution or whoring obscenity such specific provision. In the crime of non-invasive rights, the author discusses the relevant provisions of the rape, mainly including our rape 1 and 2 "removal". Rape, At first, the author discussed the basic feminist perspective, discussed for the rape of adultery, "" again, rape and definition of the rape victims," against women will understand and rape litigation procedure, marital rape and coercive indecency and insulting women sin on rape victims in the problem discussed, because both are made of sex discrimination and gender construction mistakes. In the second paragraph of girl "and" raping girl compares crime whoring, the author advances girl "SINS" raping also assumption and gender discrimination against women, the problem shall be adjusted for certain lawmaking. But sin, and protect the girl whoring shall cancel the aim, girl. In prostitution and obscenity of crime are discussed, the author thinks the actual situation in China, the overall this two kinds of crime should be reserved, but consider China's current sex and sex more lax than previous practice in judicial practice, in order to improve the standard of conviction should be diversified management mode, further narrowing of the criminal law, social status response to blow, guarantee the authority of law.