刑事领域涉性评价“泛道德化”倾向批判——以当下中国大陆为视阈

Critics on the Tendency of "Moral Oversimplification" on the Evaluation of Sex-Involved Acts in the Criminal Scopes——Taking the Present Chinese Mainland as a Visual Threshold

"泛道德化"之不可取早已成为社会共识,然而,在当下中国大陆的刑事领域中,涉性的立法、执法、司法活动以及学术研究,都存在着严重的"泛道德化"倾向,这种倾向与科学、理性的精神背道而驰,亟待矫正。涉性评价的"泛道德化"倾向之祛除,将依赖于公民的性权利得到正视、强调及落实。

It has long been widely acknowledged that ＂ moral oversimplification＂ is unacceptable, however, in the Criminal Scopes of Chinese mainland, there still exists a considerable tendency of ＂moral oversimplification＂ on the evaluation of sex-involved acts, not only in the legislation, law-enforcement and judicature, but also in the academics. The tendency runs counter to the scientific spirit and rational faculty,and urgently needs to be corrected. Solving the problem requires that the citizens＂ sexual rights be faced straightly, emphasized and put into effect.