Research On De-gendering Of Chinese Criminal Law

Criminal law is the most severe law in the legal system,which is the most important embodiment of punishing crimes and protecting human rights.However,there are gender differences in the protection of rights in China’s criminal law,which are embodied in three aspects: the right to life,the right to sexual freedom,personal dignity and personal freedom.The lenient punishment for pregnant women is the embodiment of respecting the difference of physiological structure between men and women and making up for the weak position of women in pregnancy.Therefore,from not applying the death penalty to pregnant women at the time of trial to granting probation to pregnant women,it is a reasonable differential protection on the basis of respecting gender differences.The restriction of criminal law on the subject and object of crime is actually the selective protection of the rights of men and women,which exactly violates the basic principle of equal application of criminal law.The existence of gender differences reflected in such provisions as rape,mandatory insult,solicitation of young girls for prostitution,and abduction and sale of women and children is unequal and unreasonable.The protection of gender difference reflected in China’s criminal law is not only the epitome of actual cases,but also deeply influenced by China’s traditional culture,with a strong cultural color.Based on the unreasonable sex distinction clauses in the criminal law of our country,it is necessary for us to realize the de-sexing of the criminal law.The sex distinction clause in the criminal law is obviously in conflict with the principle of equality before the law established by the constitution of our country,which is not conducive to maintaining the status of the fundamental law of our constitution.At the same time,other laws and regulations do not make a distinction between the sexes,only the criminal law,which will undermine the consistency and coordination of China’s legal system as a whole.In addition,the protection of sex discrimination will not only neglect the protection of non-female groups,but also cause disguised discrimination against women,which to some extent aggravates the inequality of criminal law protection.Therefore,in order to better follow the basic principles of the constitution,protect the legitimate rights and interests of citizens,and achieve the coordination of the legal system,we must promptly amend the current criminal law,so as to maximize the legal role of the norms of the whole society.To perfect the legislation of decriminalization of sex in criminal law,we should start from the two aspects of the basic crime and the circumstances of sentencing.On the one hand,for the crimes of rape,abduction and sale of women and children,and solicitation of young girls for prostitution,we need to amend the basic crimes,remove the restrictions on the subject and object of the crime,and provide equal protection for the rights of men and women,so as to achieve the ultimate de-sexism.On the other hand,based on the improvement of the basic crime,the sentencing circumstances should also be modified accordingly,so as to achieve the de-sexualization of the sentencing circumstances.In addition,special attention should be paid to the special protection of children to ensure their physical and mental health and maintain the stable development of society.At present,from the perspective of the development of criminal law in various countries,it has become a common trend to recognize the reasonable difference between the sexes and equally protect the rights of men and women.Therefore,The de-genderization of China’s criminal law is conducive to achieving a higher level of equality,in line with the basic principle of equal application of criminal law,and is also conducive to providing theoretical basis for judicial practice,ensuring the quality and efficiency of judicial work,and ultimately providing a good legal environment for socialist modernization.divides a good legal environment for China’s socialist modernization.