强制猥亵罪视野下强奸男性行为的定性——以《刑法修正案(九)》第13条第2款为核心

The qualification of the conduct of raping a man in the horizon of the crime of forcedly molesting --Consider the 2^nd section of the 13^th article in the 9^th amendment of criminal law as a core

《刑法修正案（九）》出台后，强制猥亵妇女罪被修改为强制猥亵罪。可运用语意解释与目的解释，以《刑法修正案（九）》第13条第2款中的“其他恶劣情节”为突破口，将行为人强制猥亵并强奸男性的行为定性为强制猥亵罪，处行为人5年以上有期徒刑，以全面保护男性的性自主权尤其是性交自主权，让强制猥亵罪在不逾越罪刑法定原则的前提下，发挥最大的解释效力与实务效用。

After the 9^th amendment of criminal law was enacting, the crime of forcedly molesting woman became the crime of forcedly molesting. We could use the interpretation of word and aim to consider ＂other bad situations＂ in the 2^nd section of the 13^th article in the 9^th amendment of criminal law as a key to make the conduct of molesting and raping a man become the crime of the crime of forcedly molesting, and consequently give the conductor a imprisonment of more than 5 years. By this way can men＇s self-decided right about sex especially that of intercourse be completely protected. The utmost interpretational function and practical effect of the crime of forcedly molesting can be exerted in the premise of obeying the principle of crime and penalty are decided by criminal law.