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Research On The Construction Of Information Disclosure System For Underage Criminals

Posted on:2020-10-20Degree:MasterType:Thesis
Country:ChinaCandidate:X T WangFull Text:PDF
GTID:2416330590971944Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,China’s minors have been frequently exposed to sexual assault cases,and the situation of sexual aggression against minors in China has become increasingly serious.In order to better protect the legitimate rights and interests of minors and prevent the crime of sexual assault on minors,some areas of China have explored the local investigation of sexual crimes against minors on the basis of foreign legislation.However,because the research of the system in China’s theoretical circles is not sufficient,and the local practice often lacks sufficient argumentation,it is difficult to exert the institutional advantage of effectively preventing the sexual assault of minors.Therefore,it is necessary to establish a systematic and scientific sexual crime record system on minors in violation of the actual national conditions of the system based on the full study of the basic theory of the system.This article mainly elaborates from four aspects:Firstly,this thesis starts with the basic theory research on the criminal record system of sexual assault juveniles,briefly introduces the concept,content and nature of the criminal record system of sexual assault minors,and clarifies the non-punitive criminal administrative management measures of the system;Combined with the modern basic theory of criminal law,it elaborates the theoretical basis of the existence of the system;at the same time,it carefully examines the institutional practice of extraterritorial countries and summarizes the different development models of the system.Secondly,through the summary of relevant research data,it reflects the serious situation of the crime of sexual aggression against minors in China.At the same time,this thesis conducts an empirical analysis of 141 criminal cases of sexual harassment of minors and 218 criminal cases of rape of minors,and concludes that sexual aggression against minors has high risk of recidivism,great social harm,and is concealed and latent.It has the characteristics of acquaintance crime.This thesis discusses in detail the necessity of constructing a sexual record system for invading minors in China.Thirdly,it conducts an empirical investigation and evaluation of the local exploration ofthe localization of the criminal record system for sexual assault in China.It truly reflect the situation and effect of local practice exploration,summarize the experience and lessons of local practice exploration,explore the risks and limitations of local practice exploration,and provide direction for the construction of China’s future criminal record system of sex offenders.Finally,this thesis considers the construction and improvement of the criminal record system of sexual aggression in China.Based on China’s national conditions,the construction of the criminal record system for sexual aggression in China should be similar to the British“limited disclosure” model,focusing on the registration and inquiry of normative invasive adult crime information,perfecting the rules of restricting the rights and qualifications of offenders who sexually assault minors.Then the thesis establishes a risk assessment system for the recidivism of offenders who sexually assault minors,etc.
Keywords/Search Tags:sexual assault on minors, registration of criminal records, limited disclosure of information, prohibition of employment
PDF Full Text Request
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