Study On The Criminal Law Protection Of Children’s Sexual Rights

With the development of China’s economy and the continuous popularization of the Internet,the violation of children’s sexual rights is more changeable,more complex and more serious.In order to protect children’s sexual rights,China has made unremitting efforts,but the reality is not optimistic: according to a "retrieval report on child sexual abuse cases from 1991 to 2018" released by magic weapon of Peking University in 2019,the number of sexual assault cases against children has increased from 1991 to 2017,among which,the fastest growing stage is from 2013 to 2014 From666 cases to 2395 cases,an increase of 260%.The author believes that,on the one hand,children are young,and as a social vulnerable group,their self-protection awareness and ability are relatively weak,and they face the risk of sexual abuse more prominent;on the other hand,there are still some deficiencies in the protection of children’s sexual rights in China’s criminal law.Therefore,we should give children more perfect protection from the perspective of criminal law,and give full play to the role of criminal law in the protection of children’s sexual rights.The main part of the article is to sort out and analyze according to the ideas of finding,analyzing and solving problems,and to write the article step by step.First of all,the definition of the concept is an important basis for the study of the protection of children’s sexual rights.In this paper,the concept and characteristics of "children" and "sexual rights" are summarized and studied,and the meaning of the two is clear,and then the current situation and existing problems of criminal law to protect children’s sexual rights are studied.Through the research,the following problems are found: the protection object is not perfect,the protection of boys is less;the protection scope is too narrow,the criminal law regulation of Internet child pornography is lack,and the special sexual violations are lack There are some problems in the criminal law,such as the lack of protection for the spiritual loss of the injured children,the lack of protection,the general provisions of the criminal law,and the lack of legal punishment.Next,it mainly studies the legal provisions and measures for the protection of children’s sexual rights outside the country,so as to draw advantages from them,such as equal protection of boys’ and girls’ sexual rights,bringing the crimes against children in specific relationship into the special regulation of criminal law,and constructing the auxiliary system for the protection of children’s sexual rights,so as to better pave the way for the following suggestions.Finally,in view of the defects of the above-mentioned criminal law regulation,this paper puts forward some suggestions: in legislation,we should improve the protection object,expand the scope of protection,and increase the intensity of protection.In judicature,we should pay attention to protect the mental health of child victims in all stages of investigation,prosecution and trial.According to the principle of maximum protection,we should strengthen the privacy protection of child victims of sexual abuse,avoid the second victimization of child victims of sexual abuse in litigation,strengthen the construction of one-stop relief system for child victims of sexual abuse,and establish the characteristics of child sexual rights protection Don’t change the system.