As capitalist society develops from a producer society to a consumer society, from the dominance of material production to the rise of non-material production, and from the dominance of labor-intensive industries to t...As capitalist society develops from a producer society to a consumer society, from the dominance of material production to the rise of non-material production, and from the dominance of labor-intensive industries to the rise of knowledge-intensive industries(accompanied by the shift of labor-intensive industries to the Third World countries), the generation and composition of the “Surplus Population” in Western developed countries have demonstrated new historical characteristics. The capitalists not only refuse to solve the problems they have created but even “besiege” these unfortunate victims by moral and legal means. They marginalize and stigmatize the “Surplus Population” with work ethics, to severely damage the moral foundation for them to enjoy human rights. They reach an agreement for the welfare system, criminal practice, and work ethic to reinforce social indifference and hostility towards the “Surplus Population”, pushing them into a more difficult human rights situation, even excluding them from the scope of legal recognition and protection of human rights. However, the “Surplus Population”, which is considered “useless, redundant and dangerous”, is included in the process of capitalist production in a way that is excluded by the above-mentioned morality and law, becoming the “utility of futility.” As a result, the subjectivity of the “Surplus Population” as human beings is deprived.展开更多
Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relativ...Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.展开更多
文摘As capitalist society develops from a producer society to a consumer society, from the dominance of material production to the rise of non-material production, and from the dominance of labor-intensive industries to the rise of knowledge-intensive industries(accompanied by the shift of labor-intensive industries to the Third World countries), the generation and composition of the “Surplus Population” in Western developed countries have demonstrated new historical characteristics. The capitalists not only refuse to solve the problems they have created but even “besiege” these unfortunate victims by moral and legal means. They marginalize and stigmatize the “Surplus Population” with work ethics, to severely damage the moral foundation for them to enjoy human rights. They reach an agreement for the welfare system, criminal practice, and work ethic to reinforce social indifference and hostility towards the “Surplus Population”, pushing them into a more difficult human rights situation, even excluding them from the scope of legal recognition and protection of human rights. However, the “Surplus Population”, which is considered “useless, redundant and dangerous”, is included in the process of capitalist production in a way that is excluded by the above-mentioned morality and law, becoming the “utility of futility.” As a result, the subjectivity of the “Surplus Population” as human beings is deprived.
文摘Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.
