Research On Critical Problems Of Judicial Application Of Crime Of Compulsory Indecency

The issue of crime of compulsory indecency and insulting women is constantly fierce in the field of both Criminal law and judicial practice for a long time.The crime changes a lot since the Amendment(IX)to the Criminal Law of the People’s Republic of China(Hereinafter referred to as Amendment(IX))comes into force.The Object of compulsory indecency becomes from women to any other person.The Amendment also regulates that any other execrable circumstance shall be given a heavier penalty,which fills in the blanks of the current criminal law.To achieve the Justice for the people and to make the application of crime of compulsory indecency more accurate,the paper focus on the problems in application of crime of compulsory indecency after Amendment(IX).From the analysis of the range of any other person in crime of compulsory indecency,the concept of indecency,the patterns of quantity of crime between compulsory indecency and any other crime,and the aggravated punishment like assembling a crowd to commit,or committing in a public place,or having any other execrable circumstance,this paper means to come up with some helpful suggestions for judicial practice.IT concludes four parts besides introduction and conclusion.Part one is about the range of any other person in crime of compulsory indecency.It discusses any other person in general and special situations,and analyzes the judicial cases about transgender and Bisexual people in order to make them obtain fair treatment.Part two concentrates on the understanding of the concept of indecency.Based on the issue of understanding of indecency in judicial practice,the part makes a detailed analysis of indecency in academic explanations and theoretical perspectives.As a result,the concept of indecency becomes clear to a certain extent.Hoping it may be helpful for the issues in judicial practice.Part three focuses on the patterns of quantity of crime of compulsory indecency.The part analyzes the patterns of quantity of crime of compulsory indecency causing death,compulsory indecency and rape,and compulsory indecency and insulting crime to make the conviction of compulsory indecency more fair and equitable.Part four is about the aggravated punishment of crime of compulsory indecency.From the issue of public place in judicial practice and the analysis of having any other execrable circumstance,this paper clarify the conditions of assembling a crowd to commit,or committing in a public place,and the judgments of having any other execrable circumstance.