<p> while three cases of sexual abuse of juvenile delinquency typical cases, the courts decide cases also as a reference, was announced at the same time. Among them, "Yang Zongliang rape" as "opinions" do the best interpretation. born in 1969, he is a farmer with only junior high school education level. 1990, Young first time for theft was sentenced to eight years in prison, in the actual implementation process, Yang received a two-year remission, was released in May 1996; soon after his release in the same year in November, Carnal again because jail, was sentenced to nine years, and this time, Young was given a three-year remission, in December 2002 was released from prison again; in January 2005, Yang once again for rape was sentenced to 8 years obtain remission after two years, released from prison in November 2011.</p>
<p> For such a determination method, some people questioned think that girl looks judge each other according to whether "knowing" whether it is young girls too subjective, in the actual course of the trial, will not unfair? Shen Liang believes that with the provisions of Article 12 shall be considered as the age of "knowingly" in absolute terms compared to determine the basis of Article III does have some subjective, mainly to take into account some of the defendants in the subjective and the girl does not want to willingness relationship occurred, but the other physical development closer to adults, and because they hide their actual age, under such circumstances, according to the defendant to rape conviction, clearly inappropriate, meaning girl sex crimes, it is reflected in the Here. "Before it was made, we determined whether the other party 'knowingly' Victim young girls standard, reference should be Western law, to the girl's bone age as a criterion. In recent years the proportion of precocious child's body gradually increased, as if really in bone age standard, there may be some children below 12 years old, it has also been in line with the characteristics of the age of 14, so that the occurrence of the relationship between the accused and the young girls, it may be more likely to be judged as 'not knowing'. " Girl sex crimes is an offense in 1997 after the emergence of the Revised Penal Code.</p>
<p> the usual practice is to place it in the community, to be supervised by the neighborhood, the local police station and other departments, but such supervision gaps, unlike in prison as 24 hours without dead ends. This objective to provide these probationers chance to close again minors, to their personal safety of minors cause problems in the community. Therefore, the "Opinions" in the provision of such criminals, generally does not apply to probation, can be regarded as the "opinion" of a highlight. There are many criminal sexual assault of minors psychological problems, therefore, prison targeted counseling is very important. Shen Liang introduced, according to different criminal offenses committed in prison arrangements targeted content transformation, this view has also been mentioned many times in recent years. "As for economic guilty of corruption, mainly focused on labor reform, let the workers feel the hardships in manual labor, misappropriation of state property to reflect on their crimes; let some violence committed to reform more psychological level, with real emotion of the way to make them feel the beauty in life; for the existence of psychological problems of sex offenders, it should be through proper psychological counseling to guide them reasonably resolve libido, etc. However, this distinction between different prisoner transformation. point of view, the current level is still under discussion, there is no prison official use. " If appropriate, to be commuted? In the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, the Ministry of Justice jointly announced the "opinions".</p>
<p> blurring the boundaries between the crime and rape, triggered a series of social contradictions, and this" opinions "release, precisely in order to clear the boundaries between , it seems from the objective, "views" in a few for 'knowingly' explanation, in fact, is to narrow the scope of application of girl sex crimes. " "NA probation" considerations In the "opinions" of Item 4 - "Other matters", the first article that is clearly stated: The rape of minors in adult criminal sentencing, probation generally does not apply. For this provision, Shen Liang's view is that, for the "minor" sexual offenses, many of the psychological factors related to the defendant,scarpe hogan uomo, some criminals have pedophilia and other psychological problems, it is difficult to overcome their own psychological barriers, recidivism or become recidivists great possibility. And the opportunity for criminals to get probation.</p>
<p> before that, young girls have sexual relations with, are regarded as rape, and no one said Observations, Shen Liang believes that the subsequent emergence of the "girl sex crimes "and indeed the background of social development related. Interpretation of Shen Liang said that with the development of society, the child's physical and mental precocious phenomenon has become more widespread on the individual girl out of economic interests, conceal age prostitution phenomenon has become a fact. From that point on, the girl sex crimes in 1997 were included in the Criminal Code, it does have this consideration. "Admittedly, this" opinion "before the release.</p>
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