我国社会转型期儿童性侵害现象的社会成因探究

A Study on the Social Causes of Child Sexual Abuse in the Period of Social Transformation of Our Country

目前,我国儿童性侵害现象呈现出一些新的特点,如数量多、持续时间长、低龄化及熟人作案严重等。这些特点的形成与我国社会转型期的市场化、城市化和法治化过程密切相关。文化体制的市场化过程,加快了外来的不良思想文化传播,诱导了儿童性侵害行为的发生,同时受传统性观念的影响,儿童性知识匮乏,难以对性侵害进行有效防御。此外,在城市化过程中,生活环境的复杂化、城乡教育资源的差距以及社会支持网络的弱化,都导致儿童,特别是外来务工人员的子女容易成为被性侵害的对象,而且以熟人作案居多。至于法治发展方面,立法和司法上的不完善,导致法律本身所具有的惩罚、保护和救济功能发生缺位和错位,也使得儿童的合法权益难以得到有效的保障。

Currently, the phenomenon of child sexual abuse in our country present some new characteristics, such as large quantity, long duration, low age and more acquaintances crime seriously, etc. These characteristics are closely related to the process of marketization, urbanization and legalization in the period of social transformation of our country. The marketization process of the cultural system has accelerated the spread of the negative thoughts and culture of the outside, and induced the oc- currence of child sexual abuse. At the same time, the influence of traditional concept and the lack of sexual knowledge make it difficult for children to effectively defend against sexual abuse. In addition, in the process of urbanization, complicated living environment, the gap between urban and rural educational resources and weakened social support networks, have led to chil- dren, particularly children of migrant workers likely to be the object of sexual abuse, and mostly acquaintances commit crime. As for the development of rule of law, imperfect legislation and judicial cause the function of punishment, protection and relief of law vacancy and dislocation, and also make the legitimate rights and interests of children difficult to be effectively protected.