Study On Forced Obscene, Insulting Women Sin Results No Value Theory-in Perspective

Forced obscene, insulting omen sin is one of the crimes in our criminal law theory andjudicial practice in the most controversial, all the time, experts and scholars in various aspectsof this are often difficult to reach a consensus. Therefore, further study on this crime, both inthe theory of criminal law and judicial practice, all has the vital significance. Throughout thispaper both at home and abroad for a related discussion of compulsory indecency andhumiliating women and legislation on the basis, changed the traditional writing pattern, unifythe criminal law general rule and the specific provisions, boldly introducing the results novalue theory in German and Japanese criminal law, and standing on the results of no value onthe position of the study. Draws the following conclusions, legal interests of this crime arewomen of shame, under iven conditions women, husband can be the subject,the establishmentof this crime without a stimulus or sexual fulfillment of purpose, transgender women mayalso be referred to as the object of the crime, attempted rape can be punished by forcingobscene, insulting women sin.This dissertation is composed of introduction, text, references and acknowledgements offour parts, in which the body is divided into three chapters.The first chapter of the text: this part can be divided into two small parts, the first partintroduces the consequence without value, specifically, introducing the results of no value onthe meaning, basic proposition and position. The second part is to clarify the position on theresults of no value theory, mainly include three aspects, results no value theory has obviousadvantages, China legal tradition and realistic need call of consequence without value, resultsno value theory and the system of criminal law have compatibility.The second chapter of the text: this part is the analysis of the results of no value from theperspective of the theory of compulsory indecency insulting women sin, crime constitution.First of all with results no value theory as analysis principle, conclusion that legal interests ofthis crime are women of shame. Secondly, based on the law of interest, conclusion that undergiven conditions women, husband can be the subject, the establishment of this crime without a stimulus or sexual fulfillment of purpose. Again on the base of the results value-free theoryto clarify the objective aspect of the crime.The third chapter of the text: this part is discussed in results no value theory from theperspective of the coercive indecency, insulting women sin judicial problems encountered, isthe most essential place. In this section, mainly introduced boundary issues between forcedobscene, insulting crime and sexual harassment of women, qualitative issues openly lewdbehavior of women, deal with the problem compulsory indecent women causing serious injury,death results exacerbations, the relationship of compulsory indecency and humiliating womenand attempted rape issues. Conclusing that sexual harassment in a certain extent can also beconstituted obscenity. Public indecency women’s behavior than the crime of spreadingobscene objects go beyond, but in the current criminal law can not be punished. Attemptedrape and forced obscene, insulting women sin against the legal interests of the highlyconsistency, attempted rape can be punished by forcing obscene, insulting women sin.