Research On The Perfection Of Criminal Law Protection Of Children's Sexual Rights In China

In recent years,the number of sexually assaulted children exposed through the media has increased,which has caused great repercussions in the society.These media-exposed cases not only touches the bottom line of the law,but also stimulates the moral nerves of the public.While condemning the bad behavior of criminals,the public also strongly urges all sectors of society to pay attention to the protection of children's sexual rights.Compared with adults,children are less able to protect themselves from dangers from the outside world,which is one of the important reasons why they are easily targeted by offenders.These weaknesses reflect more obvious when children are facing sexual assault.Definitely,criminal law,as the last line of defense against human rights,should provide maximum protection for children's sexual rights.Judging from the current criminal law on the protection of children's sexual rights,there are still many omissions in this protection network,mainly as follows: the protection of children's sexual rights in the current criminal law has many defects in terms of object,content,method and intensity.Specifically,on the object of protection,the scope of protection is limited,and there is serious gender discrimination in the protection of sexual rights of boys and minors who have reached the age of 14;in the protection of content,there is a legislative gap in the relevant laws and regulations on sexual harassment.There is also a legislative lag in the regulation and protection of online child pornography crimes;in terms of protection methods,the provisions on sexual assault behaviors are not clear,and there is a lack of independence of children's sexual rights protection and a defect in the single definition of sexual commitment age;in the intensity of protection,there is an unreasonable strength in the statutory penalties for criminal law.In order to more comprehensively protect the sexual rights of children,we should improve the protection of children's sexual rights in criminal law,and accordingly start from the aspects of the target of protection,the content of protection,the method of protection and the force of protection to do some activities.In addition,we should draw on the extraterritorial experience of the protection of children's sexual rights criminal law,further perfect the theoretical system of criminal law in China and analyze the legislative feasibility of the “chemical castration” and the information public registration system for sexual assault offenders.The necessity and effectiveness of the punishment method mentioned above should be measured from the perspective of new penal science.