The Application Of The Prohibition Of Practice In Crimes Of Sexual Assault Against Minors And Its Improvement

Sexual assault of minors is harmful to the physical and mental health of minors.The heavyhanded approach to sexual assault in our country has failed to curb it effectively.Therefore,we should not rely only on ex post facto punishment to deal with such crimes,but should also develop a reasonable prevention system at the root.The amendment to the Criminal Law(IX)in 2015 added a new prohibition of employment to protect minors from the perspective of special prevention of punishment.However,with the operation of the system,its shortcomings have slowly emerged.The unclear and abstract nature of the general measures has made the application of the system by courts at all levels inadequate in judicial practice.This paper analyzes the application of the prohibition of employment system in the specific area of sexual assault against minors and proposes corresponding recommendations,with a view to giving full play to the institutional effect of the prohibition of employment and protecting the sexual rights of minors.This paper consists of the following parts:The first part is an overview of the prohibition system and crimes against minors.This paper introduces the theoretical concepts of prohibition of employment and sexual offences against minors by summarizing the current situation of research,cases and data in China,and attempts to analyze the relationship between them and the current situation of their application.In the second part,the dilemma of the application of the prohibition of employment in sexual offences against minors is further analysed on the basis of the previous discussion.As a general measure that is not tailor-made for sexual offences against minors,the prohibition of employment is recent,with few precedents and vague and inconsistent standards of application,and there are still some difficulties in its application in judicial practice.This section explores the specific difficulties in its application in judicial practice,including the unclear positioning of the "subject to its provisions" clause,the problem of time limits,the vague scope of the relevant professions,and the difficulty of preventing offenders from reentering the relevant professions.In the third part,an attempt is made to suggest improvements to the application of the prohibition of employment in sexual offences against minors.In this regard,it is necessary to strike the right balance between the rights of minors and the right to work and employment of offenders.This chapter is devoted to suggesting improvements in response to the dilemmas in the previous section.The scope of occupation can be appropriately broadened and applied on the basis of occupational classification.In order to strengthen post-event prevention,the implementation can be carried out through the establishment of a database of information on sexual assault offences,the establishment of responsibilities of employers and the strengthening of multi-party cooperation.