Subject:A Study on the Criminal Law Regulation of Non-Contact Sexual Abuse of Children——A Mirror of Article 176a of the German Criminal Code
In recent years,the heated discussion on"online obscenity"in academic circles has exposed the long-standing but neglected problem of judging the criminal illegality of non-contact sexual abuse of children.From the practical point of view,the criteria for the constitution of non-contact sexual abuse of children are still in confusion.Since the establishment of the basic framework of sexual criminal law in 1973,Germany has continuously improved the governance ideas of non-contact sexual assault on children at the legislative and judicial levels.Article 176a of the German Criminal Code has been revised six times,and the scope of non-contact sexual assault on children has been expanding.The German federal courts have always regarded the influ-ence of legal interests in specific cases as the yardstick for conviction and the future growth of children as their basic concern.The legislative reform and judicial precedents in Germany all show a clear orientation of"child-centered".Compared with Germany,the crime of child molestation in China undertakes a very heavy task of governance,and the structure of legal order requires a double judgment of"obscenity"in administrative law and criminal law.In order to achieve this governance demand,the behavior that has improper influence on children should be regarded as"child molestation".Whether child molestation constitutes the crime of child molestation should be investigated whether the protection interests of the crime of child molestation are facing spe-cific dangers.The protection benefit of the crime of child molestation should be amended to"the normal sexual development of children".If the non-contact sexual assault on children really endangers the normal sexual development of children,it constitutes the crime of child molestation.
child sexual assaultcrime of molesting childrenonline obscenity
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