Qualitative Research On Criminal Law Of Indecency

As a kind of obscenity,indecent behavior not only destroys good social atmosphere and social morality,but also seriously violates the sexual rights and morality of others to some extent because of the particularity and obscenity of the behavior,which has a bad social impact.In the specific theoretical application and judicial practice,the understanding and application of the characterization of indecent acts in judicial practice has always been controversial.According to different theories,different conclusions are often drawn.The relevant legislation of indecent acts in China ’s current legal system has been continuously improved,but in judicial practice,indecent cases are often complicated,and indecent acts in case handling often do not appear alone,sometimes accompanied by other acts.For example,rape accompanied by acts of indecency,the perpetrator acts of indecency for a variety of purposes,to meet their sexual desire,to meet their inner stimulation.Furthermore,with the development of the times the new acts of indecency can be identified as a crime is also worthy of discussion.Therefore,there is a big controversy between the crime of indecency and non-crime,this crime and that crime.At present,there are mainly the following disputes on the characterization of indecent assault:first,the understanding of indecency,the perpetrator in addition to subjectively must have a direct intent,whether the perpetrator out of stimulating or satisfying the sexual desire of the inner tendencies that indecency crime is a tendency to commit.Second,from the surface of the general illegal acts of indecency and indecency crime acts,it seems easy to define,but in reality the boundaries between the two relatively vague.For example,there seems to be no overlap between sexual harassment and indecent assault,but when the severity of sexual harassment increases,how should it be identified with indecent assault and whether it constitutes an indecent assault crime ? Another example,the new indecent act implemented through the network is only a remote chat on the network and uploading nude photos.There is no clear standard for whether the indecent act constitutes a crime.Third,literally speaking,rape is obviously more serious than indecent acts,so whether indecent acts should be absorbed by rape in judicial practice,because of the similarity of objective behavior and the diversity of legal interpretation,there are obstacles in distinguishing this crime from that crime.There are many reasons for the above controversial issues,but the following three reasons are sorted out and analyzed.First,too much emphasis on subjective conditions,often indecent acts of ’ sexual orientation ’ as the primary criterion,so seriously narrow the scope of indecent crime.Secondly,in the handling of cases,rape is often accompanied by certain indecent acts.Sometimes indecent acts are absorbed by more serious rape acts,sometimes they are preparatory acts before sexual intercourse,and sometimes they are transformational acts when sexual intercourse cannot be implemented.Therefore,it is impossible to distinguish the two completely.Third,with the development of network society in the new era,such as the emergence of new acts of indecency such as online indecency,the existing criminal law lacks provisions to regulate it.The issues mentioned above are often controversial in practice,leading to cases where the circumstances of the crime are consistent but the outcome of the judgment is different.This paper discusses the above problems,and strives to provide reference for solving practical problems in the trial.First,we should not first consider the ’sexual orientation ’ of indecent acts in the trial of the case,but should also consider other important conditions of the crime.Secondly,the emergence of new online indecency has highlighted the shortcomings of the current legislation on the characterization of indecency.Therefore,the interpretation of ’ indecency ’ should be extended to online indecency,and serious sexual harassment should also be added to the law to regulate,so that in the handling of cases,online indecency and sexual harassment of women can be avoided without legal regulation.Third,it should tend to determine indecent assault based on objective facts,because objective facts are easier to obtain and more stable than subjective evidence,and are more reliable in judicial practice.It should be noted that in the description of the crime of indecency is mainly aimed at the crime of indecency,including the crime of forced indecency,the crime of indecent assault on children,rape.