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On The Legislative Perfection Of The Prevention And Control Of Sexual Abuse Of Minors In China

Posted on:2022-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:T LeiFull Text:PDF
GTID:2506306521967719Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
In recent years,with the exposure of many cases of sexual assault on minors,the system construction of preventing sexual assault on minors has become a hot topic in the theoretical and practical fields.As early as 2013,the Supreme People’s court,the Supreme People’s Procuratorate,the Ministry of public security and the Ministry of Justice jointly issued 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 committed against minors according to law.The term "sexual assault" is familiar to the public from the perspective of official judicial interpretation;The opinions on the establishment of compulsory reporting system for cases against minors(Trial Implementation)issued in May 2020 reflects the legislative spirit of the principle of maximizing the interests of children,and China’s laws are gradually developing towards the protection of minors’ rights,Based on the analysis of 301 open cases of sexual assault on minors published by the girls’ Protection Agency in 2019 and the new cases obtained from China document adjudication network,combined with the social problems and social contradictions exposed behind the current sensational hot cases,it is found that in recent 2-3 years,the minor victims of sexual assault on minors have the characteristics of long-term sexual assault;The number of atypical cases in which the perpetrators use the Internet to lure and woo people increases;Therefore,the system of sexual crime information disclosure and community announcement should be improved and refined at the legislative level to seek the balance between public interest and personal privacy.Since the founding of the People’s Republic of China,the protection of women’s rights and interests has entered a new era.On this basis,we should further improve the relevant supporting laws,improve the current adoption system and investigate the legal responsibility of illegal foster care platforms,so as to protect the growth of minors.When minors are sexually assaulted,it will inevitably affect their normal study and life in the future.In order to help them out of the difficulties,we should,Compensation for mental damage is essential.At the same time,at the legislative level,we should take the principle of the best interests of children as the legislative guidance,rely on the Megan act,not simply transplant the western "positive consent" identification rules,construct the local legislative rules and improve the corresponding supporting measures to strengthen the protection of the legitimate rights of minors and prevent minors from sexual abuse,On the micro level,it helps us to prevent minors from sexual abuse,and on the macro level,it is also conducive to the construction of human rights and the rule of law.
Keywords/Search Tags:minor, sexual assault, legal protection
PDF Full Text Request
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