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Judicial Determination Of The Crime Of Molesting Children By Using The Internet

Posted on:2022-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y ChenFull Text:PDF
GTID:2516306614955089Subject:Law
Abstract/Summary:PDF Full Text Request
With the rapid development of Internet technology,the number of cases of child molestation committed by criminals using the network is increasing year by year.However,in judicial practice,there are still deficiencies in the identification of the crime of child molestation involving the above-mentioned acts.Firstly,there are some problems in the judicial application of the behavior of molesting children by using the network "space",such as the fuzzy standard of criminalization and the unclear identification of molesting behavior;Secondly,there is a great controversy on whether the perpetrator is required to know that the victim is a child,that is,whether the victim is under the age of 14;Finally,in the virtual cyberspace,whether the indecent act committed by criminals belongs to the plot of "in public in public" stipulated in the criminal law is also controversial in the application of individual cases.This paper selects a typical case published by the Supreme People's court in 2019-Jiang's child molestation case,which mainly involves three fundamental issues: the type of molestation,knowing that it is a child and being in public.Clarifying the above three points can open up a way for traditional types of crimes to better adapt to the development of the network.
Keywords/Search Tags:Child molestation, Knowingly, Aggravating circumstances, Cyberspace
PDF Full Text Request
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