Keywords
Underage female consent
Protection age
Special responsibility
Submitted : 2023-12-30
Accepted : 2024-01-14
Published : 2024-01-29
Abstract
Soft paternalism involves limiting an individual’s freedom in situations where the person cannot make rationaldecisions, aiming to protect them from actions that may not align with their true intentions. Soft paternalism providesa foundation for the study of the criminal law protection of minor females in China. The inclusion of the crime ofsexual assault committed by individuals with caregiving responsibilities has brought about a transformation in China’sconventional single-age protection system for sexual crimes. This modification entails the categorization of the age ofprotection into three segments: absolute protection age, equal protection age, and relative protection age, thus establishinga comprehensive age protection system. Regardless of whether minor females between the ages of 14 and 16 consent,individuals with special responsibilities should be deemed to have committed this crime. It is essential to clearly define“special responsibilities” in this case.
References
Fu L, 2021, The Protection Law Interests and Crime Types of Sexual Assault Crimes of Persons with Responsibility for Care. Tsinghua Law, 15(04): 72–86.
Sun X, Guo C, 2006, The Application of Legal Paternity in China. Chinese Social Sciences, 2006(01): 47–58.
Feinberg J, 1987, Moral Limits of the Criminal Law: Harm to Others (Volume 1), Oxford University Press, London, 10.
Feinberg J, 1989, Moral Limits of the Criminal Law: Harm to Self (Volume 3). Oxford University Press, London, 374.
Feinberg J, 1988, Moral Limits of the Criminal Law: Harmless Wrongdoing (Volume 4), London: Oxford University Press, 66.
Fu Z, Wang Y, 2021, Legal Paternalism and the Scope Boundary of Legalization of Euthanasia. Journal of Law, 42(03): 59–67.
Hart E, 2006, Foundations of Bioethics, Peking University Press, 322.
Che H, 2012, Self-Determination and Paternalism in Criminal Law. Chinese Law, 2012(01): 89.
Zhang W, 1996, Research on the Trend of Thought of Western Legal Philosophy in the 20th Century, Law Press, Beijing, 523–526.
Zhou X, Meng Z, 2021, Implicit Coercion and Ethical Taboo: The Rationale for the Crime of Sexual Assault by Persons with Nursing Duties. Journal of Nantong University, Social Science Edition, 37(02): 97–108.
Xu Y, 2021, Interpretation of the 11th Amendment to the Criminal Law of the People’s Republic of China, China Legal Press, Beijing, 246.
Zhang Z, 2021, The Embodiment of the Positive Preventive Criminal Law View in Sexual Crimes: A Doctrinological Interpretation of One of the 236 Articles of China’s Criminal Law. Politics and Law, 2021(07): 49–63.
Li L, 2021, Doctrinal Research on the Crime of Sexual Assault by Persons with Caregiving Duties. Political Science and Law Forum, 2021(07): 18–29.