On Indecency In Criminal Law

Amendment ix to the criminal law,which came into effect on November 1,2015,abolished the crime of forced indecency and insult to women and changed it to the crime of forced indecency and insult.Change the indecent assault on a woman in that crime to indecent assault on another person,"other" of course includes both a woman and a man.After the amendment(ix)to the criminal law comes into force,there will be no gender restriction on the objects of indecent assault.Although the ninth amendment to the criminal law has improved the object of the act in the charge of indecency,it has not put forward corresponding solutions to the theoretical disputes that have existed for a long time in Chinese academia.With the promulgation of the amendment,the crime has different provisions on the object of conduct,legal interests of the newly amended crime,different understandings on the identification of the nature of the crime,as well as the tendency to commit the subjective purpose in the constitutive elements of the crime,which leads to the lack of uniform standards in the application of the crime in judicial practice.Article 237 of the criminal law and the law on public security administration punishments specified in article 44(all molesters the behavior of others,occasion and obscene objects,there was no difference in the objective law and,in exactly the same objective illegal were stipulated in the criminal law and the law on public security administration punishments,its legal consequence is quite different,the current academic literature on the whole not to investigate in the different meaning of criminal law and the law on public security administration punishments,not only reduces the academic value,and to practice the solution of the problem.From the perspective of the dual sanction system of penalty and public security punishment,this paper intends to define the indecency in the criminal law and public security management punishment law respectively,so as to solve the practical problem of whether the indecency is criminalized or not.To solve the problems related to the determination of this crime based on the legal interests of individual sexual rights of the crime of compulsory indecency and insult;Will "obscene" and "insulted" the connotation understanding similarities to perfect this charges into the crime problem,some scholars regard it as a single charge,some scholars as a choice for study,through draw lessons from foreign related legislation and the relationship between the significant progress,but because of the limitation of the legislation itself,the revised charges to the exposition of indecentassault of identity theory,combining our country’s judicial practice that it considered a single charge will be more conducive to the unity of the crime in the judicial practice apply,realize when their sin.The promulgation of the new amendment to the criminal law reformulates the charge of the indecent offense in order to make it more in line with the needs of China’s social development,which is why the relevant disputes in China’s criminal legislation have not yet been resolved.This paper further studies the disputes existing because of such crimes.