Research On The Criminal Law Protection Of Sexual Rights Of Minors In China

In recent years,there have been more and more cases of sexual abuse of minors,which has caused great harm to the growth of minors and is becoming a "cancer" that hinders the stable development of society.Therefore,it is necessary to regulate the acts of infringing on the sexual rights of minors in a more reasonable manner,and to give more severe punishment to such criminals,so as to guarantee the healthy physical and mental growth of minors by the rule of law.Criminal law is an important means to protect the sexual rights of minors.At present,the legal provisions on the protection of sexual rights of minors in China are mainly concentrated in Chapter 4 and Chapter 6 of the Criminal Law and the Amendment(XI)to the Criminal Law.Compared with the legislative provisions on the protection of sexual rights of minors in overseas regions,China’s legislation is still in its infancy,and the following problems exist in the protection of sexual rights of minors;first,the age of sexual consent is unreasonably set,and the age of sexual commitment at the age of 14 is too low.Second,the protection of male minors in the crime of rape is insufficient,and the crime is committed only against females.Third,the crime of child molestation is too abstract,and the crime is not compatible with the crime and the sentence is too light.Fourth,the lack of protection of minors’ rights in the crime of Internet pornography.In response to the current problems in protecting the sexual rights of minors in China’s criminal law,this paper mainly focuses on the integration and analysis of the research on the age of sexual consent of minors by scholars in China,and finds that most scholars focus on minors under the age of 14,and lack attention to minors between the ages of 16 and 18.This paper introduces the concept of "relative non-sexual age of consent" and focuses on the protection of the sexual rights of minors between the ages of 16 and 18.Secondly,with the change of the concept of sexuality,the way of sexual intercourse in sexual crimes is becoming more and more diversified,and the adoption of different interpretations for different age groups of victims is conducive to the better protection of the sexual rights of minors.For example,"penetration" is adopted for adults and "contact" is adopted for minors,so as to achieve comprehensive protection for minors.