The pace of social and Internet technology development is accelerating,and the number of illegal and criminal activities using the Internet as a criminal carrier is also increasing.Minors who are not yet mentally mature do not have sufficient discrimination and response skills in online activities,and are more likely to become victims of sexual assault cases.Through theoretical research on crimes infringing on minors’ sexual rights under Internet media,the nature,characteristics and types of such crimes can be further clarified,so as to help scientifically analyze the generation law of such crimes.In view of this criminal situation,it is difficult for China to effectively organize a response,and the fundamental reason lies in the serious problems in the structure of our legal system.According to the degree of relevance and protection purpose of crime prevention,China’s legal system can be divided into subjective legal system,supporting legal system and related legal system.First of all,China’s subjective legal system has the problem of lagging protection in terms of behavior definition,normative design and prior education.Secondly,China’s supporting legal system has a narrow scope for practical operation in terms of information inquiry,mandatory reporting and information reporting.Third,China’s relevant legal system is difficult to protect the vital interests of rights holders in terms of online platform responsibilities and online platform operations.Since experiencing the "Room N" incident,South Korea has made major amendments to its domestic laws on crimes of infringing on the sexual rights of minors under the Internet media,which are advanced and forward-looking,and have strong reference significance for the improvement of China’s legal system.Based on this,China should introduce the concept of "sexual exploitation" in the subjective legal system,strictly convict and sentence,and strengthen the prior education of the violated subjects;In terms of supporting legal systems,the operability of the information inquiry system,the mandatory reporting system,and the infringement information reporting system should be strengthened;In terms of relevant legal systems,the access grading system,real-name authentication system,and joint early warning system should be regulated.Finally,an interlocking and progressive legal system structure for scientific crime prevention was constructed,so as to achieve the purpose of truly protecting minors from harm. |