现代西方国家性犯罪立法的特点与趋向——关于完善我国当前性犯罪立法的一点思考

The Characteristic and Tendency of the Legislation of Sexual Crime in Modern Western Countries ——The consideration about the perfection of legislation of sexual crime in our country

受女权运动和性革命的影响,现代西方国家性犯罪立法正经历着重要的变革,从而在性犯罪的定位、性犯罪的主体和犯罪对象、“性交”的内涵、犯罪处理机制等方面呈现出新的特点,同时通奸为罪的传统日益弱化,乱伦有罪传统获得保留,对未成年人的权利保护正在加强。面对我国当前性立法落后的现实,我们必须立足中国实际,借鉴西方立法经验,全面完善我国的性犯罪立法。

Under the influence of the movement of woman＇s rights and sexual revolution, the legislations of sexual crime are experiencing important transformation in modern western countries. Therefore, there appear many new characteristics in many aspects, such as in the determining nature of the sexual crime, the subject and object of sexual crime, the intention of intercourse, the mechanism of dealing with sexual crime and so on. Meanwhile the tradition that liaison was regarded as crime has become descended, but the tradition regarding the committing incest as crime has been retained. The protection of ungrown-ups＇ rights is strengthening. Being realistic of falling-behind of legislation, we must base on the reality of China, use the west country＇s experience of legislation and perfect the legislation abuut sexual crime of our country overall.