The current position:English > English > Academics &Research

Academics &Research

Tian Ran, Discussion on the Reform Direction of China's Sexual Crime Legislation——Based on the Enlightenment of German Latest Legislation

source:法学院   The author:法学院   time:2021-01-08

Abstract: At present, in the field of legislation on sexual crimes, there are a lot of controversy about whether sexual rights are protected equally regardless of gender, whether there is rape or not in marriage, and the victim's will violate the judgment standard in the academic circles, which needs to be further clarified in theory. Recently, Germany has promulgated the 50th Sexual Offences Amendment Act to strengthen the protection of citizens’ sexual rights. The main contents include: first, weakening the identification standards that violate the will of the victim, clarifying the principle of "no is no"; second, adding sexual crimes The "group responsibility" clause; third, adding the sexual harassment crime; fourth, clearing  "marital rape". The reform of German legislation on sexual crimes provides a useful reference for our country to realize equal protection of sexual rights, correctly handle marital rape, and optimize the identification standards of "violating the will of the victim".

Academics &Research
Tel:0571-28865484     Fax:0571-28865484     Address: zhejiang province hangzhou city yuhang district warehouse before yuhang street pond road 2318     zip code: 311121 All rights reserved 2020 shen junru of hangzhou normal university law school     Zhejiang ICP for 13032447     Technical support:Million school cloud
Academics &Research

Tian Ran, Discussion on the Reform Direction of China's Sexual Crime Legislation——Based on the Enlightenment of German Latest Legislation

法学院 · 2021-01-08

Abstract: At present, in the field of legislation on sexual crimes, there are a lot of controversy about whether sexual rights are protected equally regardless of gender, whether there is rape or not in marriage, and the victim's will violate the judgment standard in the academic circles, which needs to be further clarified in theory. Recently, Germany has promulgated the 50th Sexual Offences Amendment Act to strengthen the protection of citizens’ sexual rights. The main contents include: first, weakening the identification standards that violate the will of the victim, clarifying the principle of "no is no"; second, adding sexual crimes The "group responsibility" clause; third, adding the sexual harassment crime; fourth, clearing  "marital rape". The reform of German legislation on sexual crimes provides a useful reference for our country to realize equal protection of sexual rights, correctly handle marital rape, and optimize the identification standards of "violating the will of the victim".