The Legological Interpretation And System Consummation Of Minors’ Sexual Consent Age

In recent years,the high incidence and prominent crime of sexual assault on minors has become the focus of social concern and legal punishment.Relevant departments have successively issued a number of laws and regulations,judicial interpretations and relevant systems to strengthen the protection of minors,especially girls under the age of 14.With the widespread popularization of sexual knowledge and the general precocity of young girls,there is a lag in the relevant provisions of the law on the “age of sexual consent”.Coupled with the unique secrecy of sexual assault cases,the theoretical circle of criminal law and judicial practice rarely involve the research on whether the “age of sexual consent” needs to be adjusted.Starting from the legal interpretation and theoretical logic of “age of sexual consent”,it is necessary to sort out the legislative evolution and normative structure of “age of sexual consent”.Through analyzing the data of sexual assault on minors in D District of M City in the past five years,it is found that the difficulties in judicial sexual assault cases are mostly caused by the basic problem of “age of sexual consent”.Conclude the necessity of research on the practice of criminal justice at grassroots level,and then reflect on the predicament theories of the “sexual consent age” system for minors in our country,focusing on the lack of “age close exemption clause” puts judicial workers in a dilemma for sexual assault cases involving some couples with close age.It is difficult to judge the age of young girls,which makes it difficult to form a complete evidence chain in sexual assault cases,and the mechanized application of the law makes the processing results difficult to be accepted by the public,which leads to fierce conflicts between the two parties and fails to achieve good social effects.Therefore,it is proposed that the rule of “age of sexual consent” should be processed by levels and the system should be perfected to solve the contradiction between legal effect and social effect.It focuses on the exemption of similar age,which is the most controversial issue at present,and believes that raising or lowering the “age of sexual consent” is not in line with the current form.It is to redemonstrate the influence of the physical and mental development of modern teenagers on the right of “sexual freedom”.Under the guidance of the principle of “most beneficial to minors”,the crime of sexual assault should be severely punished while protecting the perpetrators and victims of sexual assault.