Interpretation of Legal Benefit Theory and Constitutive Theory:The Logic of Judicial Determination of Sexual Assault by Persons with Nursing Duties
The Criminal Law Amendment(XI)adds the crime of sexual assault by persons with nursing duties,which strengthens the criminal law protection of minors'sexual rights to a certain extent.In the judicial determination of this crime,the logic of the two basic aspects of legal benefit theory and constitutive theory should be straightened out.At the level of legal benefit theory,neither the theory of physical and mental health nor the pure theory of sexual autonomy can accurately describe the rea-sons for the guilt of this crime,and the theory of sexual autonomy under the limitation of ethical relations can summarize the u-nique characteristics of this crime.At the level of constitutive theory,"having sexual relations"should include sexual intercourse and indecent acts.The scope of persons with special duties as the subject of a crime should also be limited by the criteria of hierar-chical differences and age gaps in ethical relationships.
the crime of sexual assault by persons with nursing dutiesphysical and mental healthsexual autonomyethical relationships
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维普
