从民族习惯法视角论性侵未成年人犯罪预防

The Discussion of Prevention of Crime of Sexual Offense for Minors from the Perspective of Customary Law of Minority Nationalities

在云南、贵州、四川等省的民族地区,性侵未成年人犯罪呈现高发趋势,犯罪行为具有反复性、长期性、非暴力性与受害对象特定化,并且犯罪呈现高暗数以及案件处理具有民间性等特点。分析认为传统社会控制式微是犯罪高发的重要原因之一。民族习惯法在民族地区防范性侵未成年人犯罪中,通过强化民族伦理道德文化对该类行为的否定性评价,约束与威慑性侵行为人、指引社会成员远离性侵犯罪,增强民间社会控制力,达到预防性侵未成年人犯罪的作用与目的,协同国家制定法为未成年人健康成长创造良好社会环境。

In minority nationality regions lying on Yunnan,Guizhou,Sichuan and other provinces,the crime of sexual offense for minors presents a situation that it has a high incidence,and this kind of criminal behavior has some special characteristics such as durative,repeatability,non violence and the specificity of its victims. In addition,such crimes also have embodied some certain features,for example,they are usually disposed with folk processing modes and have a high＂dark number of crime＂. After a comprehensive analysis,the decline of traditional social control is regarded as one of significant causes for the high incidence of crime of sexual offense for minors. With the task of preventing the crime of sexual offense for minors occurring in minority nationality regions, the customary law of minority nationalities should strengthen the negative evaluation of this kind of criminal behavior which is made one the basis of ethic, morality and culture of minority,as well as constraining and deterring individuals who likely to have the behavior of sexual assault,and pointing the way for members of society to stay away from the crime of sexual offense. In the meanwhile,the force of nongovernmental social control will be enhanced. Then the aim of preventing the crime of sexual offense for minors will be achieved,and through cooperating with National legislation,the customary law of minority nationalities will create a favorable social environment for the minors＇ healthy growing.