摘要 1

关键词： 1

Absrtact: in recent years, the crime of child molestation is frequently reported in newspapers, networks and media, which has aroused the high attention of all walks of life. Such cases touch the bottom line of the law but also stimulate the moral nerves of the people.It can be said that our country has established a protection system in punishing the crime of indecent assault on children,especially the "Criminal Law Amendment 11",which has been implemented since March 1 this year, has increased the provisions on the aggravation of the crime of indecent assault on children. But from the current point of view,the protection system is not strict enough, or even some omissions.

The crime of child molestation was separated from the crime of hooliganism stipulated in the 1979 Criminal Law, and in the 1997 Criminal Law,it refers to the obscene acts committed against children under the age of 14 years, except for adultery and pornography, in order to satisfy sexual desire or sexual stimulation. However, with the change of criminal situation and the improvement of people's understanding of the protection of minors' human rights and interests,the criminal law regulation of child molestation is limited to children under 14 years of age. The problem that the penalty level is thin and the connection with rape crime is improper.In order to protect the legitimate rights and interests of minors,severely crack down on the crime of child molestation,and guide the general public to establish a sense of trust in the law, it is necessary to re-establish the provisions on the crime of child molestation.

The first part is an overview of child molestation,from three parts: legislative evolution, judicial status, definition of indecency and constitutive requirements. The second part analyzes the defects of our country on the crime of child molestation, citing specific cases, and finds some defects and problems in legislation. And the third part is about the common law system,the Mainland discovery and the Hong Kong and Taiwan area about the child molestation crime stipulation, and the comparative analysis, obtains the reference which is worth our country regarding the child molestation legislation. The last part is about our country consummates the child molestation crime legislation suggestion.Combined with the actual situation of our country,the scope of children in this crime,the setting of punishment and the determination of "living together" in the guiding opinions are expanded.

Key words: Child molestation; children;extraterritorial legislation; legislative improvement