How to identify indecency? Lawyer: father daughter relationship can not be used as a criterion for judging this crime.

category:Society click:490
 How to identify indecency? Lawyer: father daughter relationship can not be used as a criterion for judging this crime.


Touching the girl on the mens high speed rail and kissing the girl on the back of her body: Daddy, I feel pain (source: NetEase video)

Recently, on the G1402 high-speed rail, passengers caught a video of a man suspected of molesting a girl.

The release of this video has aroused widespread public concern and many netizens have expressed their views on this issue. In this regard, the reporter interviewed experts in the industry.

How to identify indecency?

According to media reports, the Nanchang Railway Public Security Bureau has responded in October 29th: the real name system to find the party, and related work has been carried out.

On November 1, the official micro-blog of Nanchang Railway Public Security Bureau of Nanchang Railway Public Security Bureau said that the media and netizens paid close attention to the video of suspected molestation of girls on G1402 train posted online on October 28, and the Nanchang Railway Police attached great importance to it and immediately organized an investigation. It has been found that the relationship between Zhou Moumou and the little girl in the video is paternal. The behavior of Zhou Moumou in the video is not enough to be indecent and illegal. Thank netizens for their concern for public order.

Ruan Qilin, a professor at China University of Politics and Law, believes that indecent is a legal term in itself, emphasizing the seriousness of the result, which can be used to distinguish it from ordinary intimacy. Obscene mainly refers to obscene acts carried out by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire.

From the perspective of mens behavior in video, on the one hand, it can not completely determine mens motivation, whether it is to satisfy sexual desire or intimacy with their daughters, on the other hand, there are still some doubts about the limited video clips. If you only watch videos, it is not advisable to easily indecent mens behavior. Some people who are indignant about this may be affected by the photographers description at the beginning, and are irritated by the picture described, so it is not easy to see the problem rationally and objectively. The South Railway Public Security Notice did not explain the cause and effect between blood relationship and non-indecent offence, hoping that people would not over-interpret it. 5734 Ruan Qilin said.

Professor Pi Yijun of China University of Politics and Law believes that although Chinese law stipulates that indecent acts against children constitute a crime and need to be punished, regardless of whether children agree with them or resist them, the punishment system for indecent acts against children is hierarchical, not all of them. All acts of child molestation constitute a criminal offence, and only serious circumstances constitute the crime of child indecency. General indecent acts may be punished according to Article 44 of the Law on Administrative Penalties for Public Security. The perpetrator shall be detained for more than ten days and less than fifteen days. Whether they constitute indecent and criminal acts mainly depends on the investigation by the public security organs.

Regardless of the relationship between the two parties and the consequences, the perpetrator should be punished accordingly. That is to say, identity relationship and consequences can not be the exclusion condition of indecent crime, but the premise is that the public security organ decides that the act constitutes indecent. Pi Yijun said.

Li Zaike, a lawyer in Beijing, believes that there is a crime of indecent child in Chinas criminal law. Whoever commits the crime of molesting children shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, gathering people or committing crimes in public, or having other bad circumstances, shall be sentenced to fixed-term imprisonment of not less than five years. Child molestation shall be severely punished by law. If a fathers actions against his daughter constitute indecent, the facts of the crime are clear and the evidence is sufficient, he shall be held criminally liable for indecent acts against children, and he shall not be exempted from responsibility for the relationship between father and daughter.

The crime of indecency against children refers to obscene acts committed against children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. The relationship between father and daughter can not be used as a criterion for judging whether the crime is constituted, but from the legal point of view, the current evidence does not prove that the father constitutes the crime of child molestation. Li Zaike said.

How to prevent injury behavior

After the announcement of the police, the official micro-blog of the Girls Protection Fund of the China Childrens Cultural and Art Foundation published information that the crime of indecency against children refers to obscene acts committed against children by means other than sexual intercourse for the purpose of stimulating or satisfying sexual desire. Judging from the law, it is expected that the police will not constitute indecency. The police questioned him for certain that he was not trying to satisfy his sexual desires, and that his family was not in charge at the time showed that they were not unusual. For what purpose, we can only see the information released by the police. But its not appropriate to get such a behavior in any family. Between father and daughter, the body still has a boundary, and the father loves the child, also needs to pay attention to the way of expression. The way of communication between parents and children will also directly affect childrens cognition of body privacy. So this father should still be blamed. I hope this case will teach him a lesson and remind more parents.

The incident can be exposed and caused widespread concern in the society. It originated from videos taken by netizens.

The way to trigger discussions through video shooting is an important way to improve peoples awareness of childrens protection. In the protection of children, the combination of caution and courage is always an important factor to promote the continuous improvement of relevant systems and mechanisms. Only by finding problems can we explore and promote the rule of law and protect childrens growth. Pi Yijun said.

Li Zaike believes that the parties involved in this incident not only have the father of the child, but also minor daughters, and should protect the privacy of minor girls. It is suggested that the publisher of the video delete the video or make special treatment to the pictures of the parties, so as to avoid exposing the real identity of the victim and causing secondary injury. The public should also carefully spread such cases and hand them over to professional judicial organs.

How should we guard against such acts?

Pi Yijun believes that some netizens expect high-speed rail personnel to do something, but in fact, high-speed rail staff for this kind of behavior treatment means and effect is relatively limited, the relevant laws and regulations can not clearly stipulate that a certain act on high-speed rail is not allowed or prohibited. Therefore, childrens relatives and social individuals should be vigilant against such acts. The strong public opinion criticism also sounded the alarm to strengthen child protection.

In the film Scraping, the traces left by scraping therapy on children have been questioned and criticized by some countries. Some countries are very sensitive to the protection of minors, almost reaching the level of zero tolerance. Although there are occasional injuries, children still get a safer and healthier growth environment. Some people abroad think that minors lack self-protection consciousness, and they need to improve their social moral level and sensitivity in protecting children. Our country also needs to draw lessons from such a concept and boldly stop those inappropriate acts that may cause harm to children. Pi Yijun said.

Police suspected of molesting girls on High Speed Rail: father and daughter do not constitute indecency.

The official micro-blog of Nanchang Railway Public Security Bureau of Nanchang Railway Public Security Bureau released a message on the evening of October 31 that the media and netizens paid close attention to the video of suspected molestation of girls on G1402 train posted on the Internet on October 28. The police of Nanchang Railway paid great attention to it and immediately organized an investigation. At the age of 30, she had a relationship with a girl (5 years old). Thank netizens for their concern for public order.