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.
关键词
负有照护职责人员性侵罪/身心健康/性自主权/伦理关系
Key words
the crime of sexual assault by persons with nursing duties/physical and mental health/sexual autonomy/ethical relationships
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