Empirical Study On The Crime Of Child Molestation

In recent years,the number of cases of child molestation has been increasing rapidly.But the effect of the crackdown is not good,and the number of cases is still increasing every year.There is a law saying that laws are not enough to act on their own.Good laws must be implemented well.As a complicated sex crime,the crime of child molestation is controversial in judicial practice.On the one hand,it is because of the ambiguity of the crime law itself,and on the other hand,it is also because of the complexity of the sex problem.In this paper,170 judicial documents as the analysis of the main body,mainly studied the crime of child molestation in the judicial practice of the existing problems,as well as the solution to these problems.Specifically,in the definition of the crime of child molestation,starting from the definition of "indecency" and the definition of "children",bring together the views of experts and scholars,clarify the meaning of the two words,can better understand the following child molestation crime related issues.Moreover,the historical evolution of the crime of child molestation is analyzed.The transformation from the period of nonindependent charges to the period of independent legal punishment reflects the timely adjustment of the superstructure to the change of social needs.From the whole process,clarifying the historical context also helps to form the systematic thinking of the crime of child molestation.From the analysis process,mainly from the conviction and sentencing of two aspects of the analysis.In the aspect of conviction,the sex and age of the victim in the crime of child molestation are discussed.The perpetrator’s educational background,occupation,and other harm relationship;The place where the crime took place,the indecent manner,etc.In the aspect of sentencing,one is the analysis of sentencing distribution,and the other is the use of Spearman analysis method to explore the impact of sentencing circumstances on sentencing.Through the above two analysis to summarize the current situation and characteristics of the application of child molestation law.Specifically explore the problems of conviction,sentencing and judicial protection in the practice of child molestation crime: first,the standard of criminalization is not clear,such as the unclear boundary between molestation law and molestation crime,the difference between intimate behavior and molestation crime,and the difference between molestation and other crimes violating children’s sexual rights.Second,the standardization of sentencing is not enough.The provisions of aggravated punishment for molesting children are still incomplete.For example,the degree of "harm" caused to children is not clear,the grasp of bad circumstances is uncertain,there is the phenomenon of different punishment for the same crime,the application rate of qualification penalty is low.Third,the judicial protection is not enough,the privacy of judgment documents should not be made public;Less attention to children’s mental health;The application rate of mental damage compensation is less,and the corresponding cause analysis is put forward according to the problems,most of these problems have a common cause is due to the ambiguity of the law,leading to the judicial personnel dare not easily apply.From the solution point of view,learn from the foreign child molestation cases in the process of the relevant legislation,judicial practice and protection system,and combined with some of their own ideas,from the following three aspects of the corresponding suggestions,for reference,that is,a clear criminal standards,distinguish between crime and non-crime,this crime and that crime.The second is to promote the standardization of sentencing,by refining the basic circumstances of sentencing,precise aggravating circumstances of sentencing,so that the circumstances of sentencing better serve for sentencing.In addition,a basic sentencing gradient is set.This paper enumerates several common indecent acts through enumeration method,and sets a gradient for these acts in turn.The third is to strengthen the judicial protection of children in the process of case trial,through the protection of children’s privacy,timely psychological assistance and increased mental damage compensation for children to protect children.So as to provide help for the legal practice of the crime of child molestation,to protect the legitimate rights and interests of children to a greater extent.