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要旨:
This book is a comparative study between Germany and China on laws governing sexual offences. It mainly deals with two issues: first, how to evaluate the long-term legal reforms of the laws governing sexual offences in Germany, which are characterized by criminalization. Second, is it necessary and feasible for China to go through similar reforms? Based on such thinking, this book studies the historical development of the law and actual legal rules of both countries in order to foresee trends of this development in the future and to give corresponding suggestions.
The book consists of three parts:
The first part contains the historical study, which deals with the development of the German and Chinese laws governing sexual offences. The chapter on German legal history focuses on the legislative changes since 1871, especially the reforms from the 1990s, while the chapter on Chinese legal history studies the legislative development from 2,000 years ago, with an emphasis on the changes from 1949 onwards.
The second part is devoted to the comparative study of laws governing sexual offences applicable in Germany and China today, which includes rape and other sexual assaults, sexual assaults on minors, prostitution offences, pornography offences as well as other sexual offences. In this part, the legal provisions are analyzed with the help of criminal policies, judicial interpretations and judicial cases, and after a comparison, the differences between the two countries are summarized.
The third part contains a summary and an outlook on future developments. The first chapter discusses the factors that have caused the legal reforms in Germany and points out that most legislative changes aimed at filling legal loopholes, with the ones in recent years becoming unreasonable. The second chapter concludes that in China, such a comprehensive and in-depth reform is neither necessary nor possible, but partial legislative improvements are still feasible.
