性侵害留守儿童犯罪问题研究
发布时间：2018-10-31 12:57
【摘要】：近年来,性侵害留守儿童案件频发,而随着互联网触角的不断延展,“云色情”等诸多更为隐秘的犯罪形式也让伸向留守儿童的黑手更加肆无忌惮。而通过刑法对此类犯罪进行严格预防和严厉惩治必将成为最重要的保障和最有力的措施。当前,我国的刑法针对性侵害留守儿童类犯罪相对来说有着较为完备的系统性的规定,具体而言分别在第四章、第六章部署设立了奸淫儿童行为(强奸罪)、猥亵儿童罪、强迫卖淫罪以及引诱儿童卖淫罪等等罪名。当然,虽说为严厉地打击严重侵犯儿童(尤其是留守儿童)的身体、心理的性犯罪,最高法院、最高检、公安部以及司法部联合于2013年10月24日颁布并赋予实施了《关于依法惩治性侵害儿童犯罪的意见》,可以说这在为性侵害儿童犯罪的相关研究提供了基本性的法律文本以及研究思路,同时也为性侵害留守儿童犯罪的探究开拓了视野及奠定了必要的基础。但是,在恶性的性侵害留守儿童案件频频出现的现实背景下,现行的刑法以及相关体系、体制也逐渐暴露出了诸多的问题。本文除了引言部分外,其正文部分大致分为:性侵害留守儿童犯罪概述;性侵害留守儿童犯罪原因分析;第三部分则是性侵害留守儿童犯罪防治对策;第四部分即是最后的结语部分。本文认为,我国现行的刑法虽然在性侵害留守儿童犯罪的相关立法上已然形成了相对来说较为完备的体系,但客观方面仍在篇章的归属上、罪名的科学设置上、刑罚的配套配置上以及有关罪状的表达叙述方面均存在着诸多的问题。就此,文章建议:理应完善相关的立法配置,如严格遵照特殊保护、平衡保护以及有效保护原则;重新科学的调整相应章节的编排,比如可以将性侵儿童(尤其是留守儿童)类犯罪进行整合之后,较为集中地进行专章或专节的归属设置;合理的对罪名进行相应的调整,科学的较为独立的设置对留守儿童实施奸淫行为的相关罪名;对性侵害留守儿童的犯罪的罪名罪状的描述进行科学严谨地充实;进一步扩充刑罚种类,加大刑罚执行力度。
[Abstract]:In recent years, cases of sexual assault on children left behind have frequently occurred, and with the continuous extension of the Internet tentacles, "cloud pornography" and many other more hidden forms of crime have also made the black hands of left-behind children more unscrupulous. The strict prevention and severe punishment of such crimes through the criminal law will become the most important guarantee and the most effective measures. At present, the criminal law of our country has relatively complete and systematic provisions on the crime of targeted aggression against left-behind children. Specifically, in the fourth and sixth chapters, the crime of adultery (rape) and child molestation are established respectively. Crimes such as forced prostitution and solicitation of children for prostitution and so on. Of course, although in order to severely crack down on serious physical and psychological crimes against children (especially those left behind), the Supreme Court, the Supreme Prosecutor, Jointly promulgated by the Ministry of Public Security and the Ministry of Justice on 24 October 2013 and entrusted with the implementation of the opinions on the punishment of sexual offences against Children in accordance with the Law, It can be said that this provides a basic legal text and research ideas for the related research of sexual crimes against children, but also opens up the field of vision and lays a necessary foundation for the investigation of crimes committed against children left behind. However, under the background of the frequent emergence of cases of vicious sexual assault on left-behind children, the current criminal law and related systems, the system has gradually exposed a lot of problems. In addition to the introduction, the text of this paper is divided into three parts: an overview of the crimes committed against children left behind; an analysis of the causes of crimes committed against children left behind; the third part is the prevention and control measures for crimes committed against children left behind; The fourth part is the final conclusion. This paper holds that although the current criminal law of our country has already formed a relatively complete system in the relative legislation on the crime of sexual assault on left-behind children, the objective aspect is still on the attribution of the chapter and the scientific setting of the charge. There are many problems in the matching disposition of penalty and the expression and narration of the crime. In this regard, the article suggests that: we should improve the relevant legislative arrangements, such as strict compliance with special protection, balanced protection and effective protection principles; Readjusting the arrangement of the corresponding chapters, for example, we can integrate the crimes of sexual assault on children (especially children left behind), and concentrate on the attribution of chapters or sections; Reasonable adjustment of the charges, scientific and independent setting of the left-behind children committed adultery related charges, the sexual assault of left-behind children of the crime of the description of the crime of scientific and rigorous enrichment; Further expand the types of penalties and strengthen the enforcement of penalties.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3
[Abstract]:In recent years, cases of sexual assault on children left behind have frequently occurred, and with the continuous extension of the Internet tentacles, "cloud pornography" and many other more hidden forms of crime have also made the black hands of left-behind children more unscrupulous. The strict prevention and severe punishment of such crimes through the criminal law will become the most important guarantee and the most effective measures. At present, the criminal law of our country has relatively complete and systematic provisions on the crime of targeted aggression against left-behind children. Specifically, in the fourth and sixth chapters, the crime of adultery (rape) and child molestation are established respectively. Crimes such as forced prostitution and solicitation of children for prostitution and so on. Of course, although in order to severely crack down on serious physical and psychological crimes against children (especially those left behind), the Supreme Court, the Supreme Prosecutor, Jointly promulgated by the Ministry of Public Security and the Ministry of Justice on 24 October 2013 and entrusted with the implementation of the opinions on the punishment of sexual offences against Children in accordance with the Law, It can be said that this provides a basic legal text and research ideas for the related research of sexual crimes against children, but also opens up the field of vision and lays a necessary foundation for the investigation of crimes committed against children left behind. However, under the background of the frequent emergence of cases of vicious sexual assault on left-behind children, the current criminal law and related systems, the system has gradually exposed a lot of problems. In addition to the introduction, the text of this paper is divided into three parts: an overview of the crimes committed against children left behind; an analysis of the causes of crimes committed against children left behind; the third part is the prevention and control measures for crimes committed against children left behind; The fourth part is the final conclusion. This paper holds that although the current criminal law of our country has already formed a relatively complete system in the relative legislation on the crime of sexual assault on left-behind children, the objective aspect is still on the attribution of the chapter and the scientific setting of the charge. There are many problems in the matching disposition of penalty and the expression and narration of the crime. In this regard, the article suggests that: we should improve the relevant legislative arrangements, such as strict compliance with special protection, balanced protection and effective protection principles; Readjusting the arrangement of the corresponding chapters, for example, we can integrate the crimes of sexual assault on children (especially children left behind), and concentrate on the attribution of chapters or sections; Reasonable adjustment of the charges, scientific and independent setting of the left-behind children committed adultery related charges, the sexual assault of left-behind children of the crime of the description of the crime of scientific and rigorous enrichment; Further expand the types of penalties and strengthen the enforcement of penalties.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D924.3
【参考文献】
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