Research On The Disputed Issues Of The Criminal Law Protection To Sexual Rights Of Underage Girls

How to protect sexual rights of underage girls in criminal law is the important standard to weigh the protection level of a country to minors. For now, Many sexual assault cases on underage girls and the controversial issues on criminal law appeared in China. Interpreting the law correctly and putting forward sound proposals to our present law is a necessary requirement of protecting our underage girls’rights and interests.This thesis is divided into three parts. The first part mainly introduces the development of criminal law about protecting underage girls’sexual rights. And the definition of "underage girl" and "sexual rights" of underage girls. Legislation has become increasingly complete and clear. In China, Underage girls are the girls who under the age of 14. The underage girls’sexual rights different from others’. It does not include sexual promise. What it emphasized is sexual privacy sexual education sexual health and sexual relief.The second part elaborates four theoretical controversies about how to protect sexual rights of underage girls in criminal law. First, how to define "underage girls". Second, it should apply "rigorous responsibility principle" or not. And established the crime of sexual assault to underage girls whether need for "knowingly" or not. Third, should the criminal law set an individual crime to rape underage girls? Fourth, should the crime of whoring with an underage girl be abolished?The third part, express the opinions of author on the basis of chapter one and the second. This thesis holds that it should apply "the principle of subject and object consistent" to the crime of sexual assault to underage girls. Full awareness of the age of an underage girl is an essential element of the crime establishment. Criminal law should set an individual crime to rape underage girls. Because it’s object of crime and the accomplished offense’s standard of the crime different from the common rape crime. The crime of whoring with an underage girl should be abolished because it discriminate between good girls and bad girls. In addition, the author define the underage girls as girls under age 18. It comply with international law and it is help to improve the protection level to underage girls’ sexual rights.