Research On The Identification Of Internet Child Molestation Behavior

Because children is weak,so they are one of the objects favored by criminals.In view of this,the " Amendment(XI)to the Criminal Law of the People ’s Republic of China " adopted at the 24 th Session of the National People ’s Congress in 2020 has made major changes to the crime of child molestation in order to protect children in an all-round way.However,in the digital age,the virtual nature of the network itself makes it easier for criminals to hide their identities,thus greatly reducing the cost of illegal crimes.Therefore,how to apply criminal law in cyberspace has become an urgent problem to be solved.The case of Luo Mou ’s child molestation published by the Supreme People ’s Procuratorate in2018 is related to the specific application of criminal law in cyberspace.However,due to the tendency of ’subjective conviction ’ in its judgment,the academic community has debated whether the act of molesting children on the Internet is a crime.The characterization of online child molestation cannot be simply evaluated by affirmation and negation.The characterization of online child molestation should be based on the illegality of the behavior,focusing on the particularity of the legal interests of the crime of child molestation and the diversity of behavior types.Therefore,online child molestation should be divided into real-time and non-real-time indecency.Real-time indecency is criminalized because of the incomplete development of children ’s cognitive ability and intellectual level,which infringes children ’s sexual integrity;non-real-time obscenity should be decriminalized because of the difference in network transmission time,which weakens social harmfulness.Non-real-time indecent assault is not a crime,so there is no sentencing problem;real-time indecent assault is both criminalized,so there is the application of aggravating circumstances.With regard to the application of aggravating circumstances of public indecent assault on children in public places in cyberspace,the core is whether the extension of public places can contain cyberspace.The criteria for the identification of public places cannot be limited from a physical perspective,but should be based on the purpose of normative protection,and within the principle of legality,it should be expanded and interpreted to determine that public places cover cyberspace.The crux of the problem of the application of mass indecency to children in cyberspace is not caused by cyberspace,but by the ambiguity of the meaning of gathering in real space.For the identification of the real space gathering,qualitative and sentencing cannot be confused.According to whether the mob plays a role in the qualitative and sentencing stages of a specific crime,it can be divided into the mob crime that belongs to the conditions for the establishment of the crime and the mob crime that belongs to the aggravating circumstances.The mob crime that belongs to the conditions for the establishment of the crime is in the qualitative stage,so it should be the condition for judging the joint crime or the separate crime.The mob crime that belongs to the aggravating circumstances is in the sentencing stage,so it should refer to the high degree of social harm.Therefore,whether in cyberspace or in real space,the gathering of mass indecency aggravating circumstances refers to the behavior of gathering people to indecently assault children,and the applicable subject is only the ringleader.There is no difficulty in applying the aggravating circumstances of multiple and multiple indecent assaults on children in cyberspace.In view of the scope of ’ multiple ’,the academic circle and the judicial practice department believe that it is more than three times.Therefore,in cyberspace,the act of indecent assault on children by the actor is more than three times or indecent assault on children is more than three people can be identified as multiple and multiple indecent assaults on children.