In the theoretical field,there has always been controversy over the criminal law characterization of"Non-contact Indecency"Behavior.Recently,the Supreme People's Court and Procuratorate issued the"Interpretation on Several Issues Concerning the Application of Law in Handling Criminal Cases of Rape and Sexual Assault of Minors",which classified"Non-contact Indecency"as a sexual assault crime.However,there are certain doubts about its provisions themselves,and there are inconsistencies with criminal legal norms in the application process,so further interpretation and modification are needed.It should be clear that in terms of the criminal target,the reason why the criminal target of"Non-contact Indecency"is limited to minors is due to the special protection needs for vulnerable legal interests;In terms of objective behavioral structure,the behavior of"Non-contact Indecency"presents complexity,with"coercion and deception"as necessary pre behaviors.This means that in the case of"sexual harassment in the distance"of children,children can voluntarily exclude the inclusion of the crime of child molestation;As for the criminal subject,appropriate restrictions should be imposed on the incriminating subject,and strict identification and lenient treatment should be given to minors who engage in"space based molestation";In terms of subjectivity,there is no longer a subjective tendency towards pursuing sexual stimulation.
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