两岸未成年人性权益刑法保护的比较研究

The Comparative Study on Protection of Juveniles' Sexual Rights and Interests between Both Sides of the Taiwan Strait

近年来,侵害未成年人性权益的犯罪时有发生,引起了全社会的关注。随着两岸刑事法学的交流日益深化,在保护未成年人性权益方面也应当互相学习借鉴。通过对两岸刑法立法体例、罪名罪状、刑事罚则的比较研究,可以得出大陆地区在立法体例方面应当增设保护未成年人的专门法;在罪名罪状的设置上,应当实现儿童和少年一律保护、男性和女性平等保护,同时实现涉未罪名的独立化;在刑事罚则方面,应当完善以社区矫正、禁止令为代表的刑罚执行活动,尽快出台《社区矫正法》,对涉未罪名配置独立的法定刑。

In recent years, the crimes of infringing upon juveniles^sexual rights and interests have occurred frequently and aroused the concern of the whole society. With the increasing exchange of criminal law between both sides of the Taiwan Strait, the protection of juveniles/ sexual rights and interests should also be learned from each other. By comparative study on criminal legislation systems, accusations and criminal penalties between both sides of the Taiwan Strait, several conclusions can be drawn. Firstly, the mainland should add special law to protect juveniles. Then, it should realize the whole protection of children and adolescents, the equal protection between male and female, and achieve the independence of accusations involving juveniles. Finally, it should perfect the execution activities of punishment, such as community correction and criminal prohibition order, promulgate Community Correction Law as soon as possible, and allocate independent legally prescribed punishment to accusations involving juveniles.