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近年来,侵害未成年人性权益的犯罪时有发生,引起了全社会的关注。随着两岸刑事法学的交流日益深化,在保护未成年人性权益方面也应当互相学习借鉴。通过对两岸刑法立法体例、罪名罪状、刑事罚则的比较研究,可以得出大陆地区在立法体例方面应当增设保护未成年人的专门法;在罪名罪状的设置上,应当实现儿童和少年一律保护、男性和女性平等保护,同时实现涉未罪名的独立化;在刑事罚则方面,应当完善以社区矫正、禁止令为代表的刑罚执行活动,尽快出台《社区矫正法》,对涉未罪名配置独立的法定刑。
In recent years, crimes that infringe the rights and interests of minors have occurred from time to time, arousing the concern of the whole society. With the deepening of the exchanges of criminal law between the two sides of the Strait, we should also learn from each other in protecting the sexual rights and interests of minors. Through the comparison of the legislation of criminal law between the two sides of the Strait, the guilty plea and the comparison of criminal penalties, we can draw a conclusion that the mainland should increase the special law for the protection of minors in the legislative system. In the setting of charges, all children and adolescents should be protected , Equal protection for men and women, and at the same time realize the independence of criminal charges. In terms of criminal penalties, criminal penalties such as community correction and prohibition orders should be perfected. The Community Correction Act should be promulgated as soon as possible, Independent legal punishment.