Research On The Criminal Regulation Of The Indecency On Public Transport

For a long time,"sexual harassment" has been a problem confusing many women and children.Among them,"indecency on public transportation" as a type of "sexual harassment",seems to be unable to find a clear position in the criminal law.In the case of indecent acts committed on public transportation,the authorities usually impose fines,arrest,or criticize.Sometimes,it is difficult to collect evidence,and some victims simply endure it out of pride.The First incriminate case of " indecency on public transportation" in Shanghai,the perpetrator took advantage of the objective conditions of "relatively crowded,difficult to avoid,difficult to detect" in the subway and the victim’s "shame to resist on public" to carry out indecency,which has become the basis of this case to identify it constitutes the "compulsory" elements of the crime of compulsory indecency.However,one of the constitutive elements required in the crime of forcible indecency is the "forcible" element,which is embodied in the use of "violence,coercion or other methods",and the implementation effect of the forcible means should make the victim in a significant difficulty to resist,forming a kind of oppression that is difficult to resist.However,the objective situation in the subway cannot indicate that the murdered women are in a state of significant difficulty in resisting,which is not enough to reach the degree of "compulsion".On the contrary,the crowded situation in the subway is more likely to resist and ask for help.And this case will originally belong to the aggravated circumstances of compulsory indecency "public places" into non-existent incriminating circumstances,artificially in the compulsory indecency crime should not exist in the amount of crime factors,contrary to the principle of statutory punishment for a crime.As a result,"Indecency on public transport" only uses the objective condition that public transport is concealed and not easy to detect,which is difficult to show that the victim is in significant difficulty in resisting and does not reach the degree of "compulsion",so it does not constitute the crime of compulsion indecency and can only be given administrative punishment.Taking into account the social harm of indecent acts on public transport and the serious psychological trauma caused to victims;When the judicial department encounters this kind of serious harm,affects the public security behavior,but has no corresponding criminal misdemeanor standard,can only reluctantly through the interpretation of the criminal law standard method,reluctantly applies the felony provision to the defendant.This practice,on the one hand,impinges on the principle of statutory punishment for a crime and on the other hand,encourages the judicial branch to interpret the law arbitrarily.Adding misdemeanors is not equal to violating the modesty of criminal law.At present,criminal legislation activities in various countries also show the overall trend of positive criminal law view.Therefore,it is suggested that special criminal legislation should be carried out to criminalize indecent acts on public transportation vehicles,but the punishment should be relatively mild.