Research On The Crime Of Compulsory Obscene And Insult

Law is the product of a specific era.Similarly,the crime has evolved several times with the development of the times.In order to comply with the requirements of the times and fill the gap that male sexual rights have been violated without legal remedy,the amendment to the criminal law came into being at the historic moment.The Ninth Amendment to the Criminal Law of our country amends the crime of compulsory indecency and insult to the crime of compulsory indecency and insult to women.It expands the object of indecency in this crime from women to other people,including both women and men,which is a great progress and improvement of criminal legislation.Although the amendment perfects the object of conduct in indecent charges,it has not given corresponding measures to solve the long-standing theoretical disputes in our academic circles.With the introduction of the amendment,the different provisions on the object of conduct of the crime have triggered a new round of discussions on the legal interests of the newly revised charges in the academic circles,and at the same time,the connotation and relationship between the two charges have been discussed.(There are also different understandings about the problems of "the same theory","the difference theory" and "compromise theory","inclined crime" in criminal law theory,which makes different understandings about the nature of the crime,and thus makes the judicial practice lack uniformity in the application of this crime.Based on the evolution of legislation on this charge and the evaluation of legislation,this paper raises the above-mentioned controversial issues,and through the controversy of different scholars in academic circles,puts forward its own views on the basis of the analysis of the views of scholars.Based on the Individual legal interest of the crime of compulsory indecency and insult,we should solve the problems related to the identification of this crime,and make the same understanding of the connotations of "indecency" and "insult" in order to solve the problem of the conviction,achieving punishment as Its crime.In theory,different scholars have different understandings of the nature of the crime itself based ondifferent theoretical foundations.Some scholars regard it as a single crime,while some scholars study it as a selective crime.By referring to the relevant legislation of foreign countries and the above discussion,and considering country's the judicial practice,this paper proposes that it will be more conducive to the unified application of the crime in judicial practice to identify it as a single crime.