Research On The Crime Of Indecency Of Minors

As the core of care for family members,minors also serve as the hope and bridge for the development of the country and the nation.However,compared with adults,minors are more likely to be infringed on their legal rights due to their age and level of mental development.In many cases,minors do not perceive that they have been infringed on their legal rights,so they are protected.Minors have always been the primary concern of our country.In recent years,there have been increasing reports and numbers of cases of minors being molested.For example,the child molestation cases of Wang Zhenhua and Zhou Yanfen caused an uproar.A deputy principal of Sichuan Mianyang Junior High School molested a number of minor students and committed compulsory indecency.With the crime of child molestation,it was decided to carry out a 14-year imprisonment after the combined punishment.Protecting minors from being molested has inevitably become a responsibility that the state and society should pay attention to.In order to protect minors from indecency and thereby protect their physical and mental health,my country has promulgated various laws to continuously improve the conviction and sentencing standards for indecent crimes.From October 24,2013,the Supreme Law and relevant departments issued the "Opinions on Punishing Sexual Violations of Minors in accordance with the Law"(hereinafter referred to as the"Opinions");the "Criminal Law Amendment Nine" implemented on November 1,2015 The crime of prostitution with underage girls is deleted,and the crime of rape is determined to be severely punished;Article 237 is amended to extend the victim of indecent assault from the original woman to others,including men and women;The Criminal Law Amendment that was implemented on March 1,2021(11)" Redefines the aggravating circumstances of the crime of child molestation,and strengthens the protection of children.Despite the gradual improvement of the law,there are still some problems with the protection of new types of online molestation and male minors.Therefore,through analysis of the status quo extracted from the judicial data of molested minors,the current cases of indecent minors are summarized and summarized.According to judicial data,we can see that:First,the victims of molestation are mostly female minors,but the number of minor males being molested gradually increases.Compared with men,women are more physically and psychologically molested.Slightly weaker in maturity,so female minors are more likely to be infringed on their rights,but male minors should also pay attention to the protection of their rights;second:the proportion of acquaintances committing crimes is large,and the cohesion of interpersonal society makes Minors rely more on people they know,but they are molested as a result,which has a negative impact on the mental health of minors.Third,the crimes are varied in locations and the cost of committing crimes is low.Indecent crimes are different from other crimes.Whether it is a secluded place or a public place,the perpetrator will use hidden or open obscene means to satisfy his own sexual stimulation.Through data combing,the convictions for indecency of minors are mainly concentrated in the crimes of compulsory indecency and child molestation.At present,in solving the crimes of indecency of minors,the first thing to do is to find the difficulty of conviction and punishment.The penalties for such crimes are relatively light,and obscene acts are no longer limited to traditional methods such as forced kissing and hugging.Some new methods also need to be regulated by legislation.Second,the protection of male minors is relatively small.Legislation of indecency only exists in the crime of child molestation and mandatory indecency,which is slightly insufficient;third,it is difficult to identify the crime of using the Internet to molest minors.Due to the development of the Internet,criminals will hide behind the Internet through concealment.The means "separately" to commit obscene behavior to minors,it is difficult to obtain evidence and easy to disseminate,so better legal regulations are needed.Therefore,based on the experience of preventing and controlling minors being molested and sexually assaulted by foreign countries,we summarized our country’s prevention and treatment opinions on protecting the sexual rights of minors.First:Strengthen the protection of juvenile males,refine the indecent criminal acts and aggravate the circumstances.The behavior of "sodomy" by underage men is roughly the same as the behavioral pattern of rape of underage women,but China defines such behavior as "Indecency" means that the protection of male sexual rights is not perfect.Increasing the protection of male minors is also a better solution to the different crimes of male and female being sexually assaulted.Second:Strengthen the time and degree of prohibition of employment.In real life,people who have special supervision responsibilities for minors often violate minors.China has established a prohibition system and a mandatory reporting system.However,through the search of cases,it is found that not every case is penalized by the prohibition system.They are all appropriate.In most cases,the prohibition period is short or the prohibition period is not sentenced.Third:Use the Internet to molest minors as aggravating circumstances.The Criminal Law Amendment(11)adjusts the crime of child molestation In addition,the Law on the Protection of Minors,which was implemented on June 1,2021,also added a special chapter on network supervision,and the use of cyber molestation of minors as an aggravating scenario will strengthen the deterrence of potential criminal suspects.