Study On The Judicial Application Of The Crime Of Sexual Assault By Persons With Caregiving Duties

In recent years,the crime of minors has occurred,especially crimes involving sexual assault on minor women,and each will arouse great concern in society.All sectors of society are full of voices of the protection of the right to sexual rights of minors,and the discussion of the law of the law of the law is becoming more and more intense.Under the above background,the Criminal Law Amendment(11)was promulgated,and the sin of sexual assault with care responsibilities was officially added.The establishment of this crime has filled specific minor women in the judicial practice when they are not in a "obvious difficulty in resistance" and suffer a vulnerability of sexual assault,showing their determination to fight off sexual assault of criminal crimes.However,as a new crime,there is currently no judicial interpretation and guidance case for reference.And this crime is different from the traditional sexual assault crime,and the consent of the victims who is unpredictable under common sense constitutes a huge contrast of sexual assault.Therefore,when applying this crime in judicial practice,it is easy to occur because the judges are not deeply understood by the crime,and the free tailoring scale of the case details is not allowed to form a wrong judgment.To this end,this article analyzes the benefits of the protection of this crime through the existing cases of this crime legislation and the published works that have been published so far,trying to discuss the problems that may exist in the current judicial application process of the current judicial application of the crime,and put forward the proposal Corresponding improvement suggestions.In addition to the introduction and conclusion,the article is divided into four parts:The first part,the introduction of the case and the problem.This section briefly introduces two typical cases that have been judged,and propose the problem of unclear definition of the crime of crime for the case.Aiming at the case 2,the bad criteria of this crime are raised.Finally,the criminal behavior that occurred after this crime was analyzed,and the problem of regulating a single rule in the way of criminal behavior was proposed.The second part is currently provided.The summary summarizes the doctrine of various opinions on the protection of the protection of this crime,and demonstrates the lack of "theory of sexual and mental stability right" and "the autonomy to get rid of freedom".On this basis,the view of composite benefits is proposed.According to the objective level and subjective level of criminal crimes,the criminal constituent details are introduced.The third part,cause analysis.In response to the legislative purpose of this crime,the benefit of the law,combined with cases and current laws and regulations,try to analyze the causes of unclear definition of the criminal subject in the current judicial application,unknown circumstances,and single problems such as criminal behavior.The fourth part,solve the path.In response to the problems that may exist in the application of this crime in the above crime,I tried to propose the "special responsibilities" of the "special responsibilities" that define the crime of the crime based on whether the person who had the responsibility of the care of the care is the responsibility of the care.The connotation of "sexual relationship" is restructured and expanded its meaning;the standard of "bad circumstances" of this crime is defined.