Research On Some Problems Of Coercive Indecency And Insulting Crime

The legal interest of the crime of coercive indecency and insulting is the right of the other person(woman)to decide on the sex,including the right to choose when,where and who to carry out the sexual behavior.The Amendment IX to the Criminal Law of the People's Republic of China modifies and improves the crime of coercive indecency and insulting.However,in the specific application of theory and judicial practice,the understanding and application of the compulsory indecent crime has always been controversial.In view of this,this article will discuss the related problems of the crime of coercive indecency and insulting.By analyzing and comparing the theory of domestic and foreign,combined with the analysis of related cases.This paper expounds the constitution of the crime of coercive indecency and insulting,with the relationship with other crimes,and demonstrates the modification of the crime of coercive indecency and insult by combining with the newly revised The Amendment IX to the Criminal Law of the People's Republic of China.This paper is divided into three parts,introduction,text and conclusion.The introduction mainly introduces the significance and reality of the crime of coercive indecency and insulting.The text mainly analyses the compulsory indecent crime concept,changes and characteristics of the crime legislation at home and abroad,discusses the constitution of crime and judicial cases,and the difference between the crime with rape and affray.In the first part,the author makes a demonstration of the meaning of "coercion","indecency" and "insulting" in the crime of forced indecency,and at the same time,it makes a theoretical analysis of the identity of "indecency" and "insulting".The second part analyzes the domestic legislative evolution of the crime and the legislation of the crime in foreign countries and other regions.The third part focuses on the background and reasons of criminal object is expanded from women to others after The Amendment IX to the Criminal Law of the People's Republic of China.And summarizes the behavior,and also whether the crime is the tendency is demonstrated.In addition,it also focuses on the question whether the husband can constitute a compulsory indecency to his wife.The fourth part discusses the distinction between this crime and the crime of provocation and rape.There are some differences between the Insulting behavior and the affray behavior,and it is very important to distinguish the two crimes in the judicial practice.The distinction between the crime and the attempted rape has been the focus of controversy in the theoretical circle,so in this paper,the objective behavior and the object of the crime were distinguished.In the conclusion part,the author makes an understanding of the application of the crime of coercive indecency and insulting,and provides theoretical support for the unity of judicial practice through the research and demonstration of the above problems.