| Han Yu said: teachers,so preach,teach,solve doubts also.Xunzi said: the state will prosper,will be important teachers and fu.Influenced by traditional culture,teachers are a highly praised profession in China,and the people give the greatest trust to teachers.In the school days,our behaviors and thoughts are more or less influenced by teachers,and a good and healthy teacher-student relationship may promote the development of students’ future life.However,in recent years,some teachers take advantage of their professional convenience to implement sexual assault on minors have gradually entered the public view,seriously violating the personal rights of minors.Different from ordinary cases of sexual assault of minors,teachers’ sexual assault of minors takes advantage of students’ fear of teachers and parents’ trust,usually in the name of tutoring homework and making up lessons,which is easier to succeed,more hidden and more harmful.Therefore,in order to protect the legitimate rights and interests of minors more comprehensively,the author believes that it is necessary to study the crime of teacher sexual assault against minors.Through 100 cases of sexual assault on minors by teachers from 2013 to 2022 collected from the judicial documents website,the crime of sexual assault on minors was analyzed.It is found that such cases have obvious characteristics in the aspect of criminals,victims,means of behavior and the distribution of place of crime.The criminals are generally middle-aged and elderly male primary school teachers,and the education level is generally low;most of the victims are young girls,more left-behind children,and once killed,many minors are longer and longer.When the defendant teachers are sexually assaulted,they mainly use non-violent means such as remedial lessons,homework correction,physical examination and criticism and education;most cases occur in rural areas,and the crimes are mostly committed in schools such as classrooms,offices and dormitories.The reasons for such cases include as follows: First,schools and educational administrative departments have imperfect supervision system for teachers and do not pay attention to sex education.In this environment,teachers are easy to use their dominant position to commit the crime of sexual assault.And after the case happened,the school did not timely report the case to the judicial organs to strengthen the teachers’ fluke psychology.Second,some minors are left-behind children,and long-term guardianship is absent.Even for minors in normal families,parents may have incorrect educational concepts and lead to the failure of effective protection of minors.Third,there are the lack of legal protection and the imperfect legal system at the legal level,which leads to the unscrupulous long-term committing of crimes.Fourth,there are more criminals and victims’ s own physical and psychological reasons.It can be prevented from the following aspects: First,schools should inquire about the criminal records of teachers before their entry,raise the threshold of teacher entry,and strengthen the daily management of teachers.The educational administration department shall conduct supervision.And the school should establish an equal teacher-student relationship and add sex education courses.Second,the guardian should change the educational concept,carry out effective guardianship,and change the current situation of the absence of long-term guardianship of minors.Thirdly,from the legal level,on the one hand,we should improve the legislation of juvenile protection,strictly implement the compulsory reporting system of sexual assault cases and establish the criminal information disclosure system.On the other hand,when handling such cases,the special case handling procedures conducive to the protection of minors should be adopted.Fourth,from the criminal and the victim themselves physical and psychological suggestions. |
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