Cognizance Of Aggravating Circumstances Of Child Molestation

The crime of molestation of children seriously harms the physical and mental health of children,and has a very bad social impact.Nowadays,the high incidence of the crime of molestation of children has aroused great concern on the protection of children's rights and interests.At present,the "group" child molestation,"public" in public child molestation and other bad plot aggravate the plot that is not yet clear measure,the sentencing abnormal light caused by the situation of the crime punishment does not adapt.The opinions of the supreme people's court,the supreme people's procuratorate,the ministry of public security and the ministry of justice on punishing crimes of sexual assault against minors released on October 24,2013 provided certain judicial guidance for handling cases of sexual assault against minors.However,in judicial practice,there are still some defects in the standard of determining the aggravated circumstances of the crime of molesting children.This paper systematically studies the cognizance of the aggravating circumstances of child molestation,clear "group" child molestation,"public" in public places,child pornography and standard of the "other" bad.This paper is divided into four parts.The first part is an overview of the aggravated circumstances of the crime of molestation of children,the legislative development of the crime of molestation of children and its definition and characteristics of the aggravated circumstances are discussed,which lays the foundation for the following.The second part is about the judicial determination of "crowd" molestation of children.The crowd molestation of children refers to the situation where more than three people constitute a joint crime of molestation of children,and the provisions of the general provisions of the criminal law on joint crime shall be applied.The number of people who constitute a crowd refers to the number of people who commit a joint crime at the crime scene to reach more than three people.All the participants constitute an aggravating circumstance of gathering a crowd to molest a child and shall be subject to an aggravating punishment of five years or more imprisonment to a statutory punishment.The third part is about the "public" in public places,the child molestation of justice in the crime of child molestation "public" should have relative stakeholders,relative openness,communism,and the public,"public" are not required to present personnel actually see,as long as there is awareness of crime,about the possibility of "public" and "public" two elements combine to form heavier plot.The fourth part is about child molestation judicial recognition of "other bad plot",this paper discusses mainly the definition of other bad plot standard and the specific form of expression,which is based on the interpretation of the existing normative documents,to the situation can be typed clear,such as obscene number of children or child molestation,crime subject is the person responsible for the special for children,etc.