Research on Judicial Determination of Online Indecent Acts Against Children |
| Siyu Li |
| School of Ocean Law and Humanities, Dalian Ocean University, Dalian 116023, Liaoning Province, China |
Abstract :The use of the internet to commit non-contact indecent acts against children is a concealed form of crime emerging alongside the development of information technology. Currently, judicial interpretations in China have provided a preliminary definition of such acts, laying a fundamental basis for their criminal determination. However, due to the characteristics of this type of act—including non-contact, cross-temporal and cross-spatial nature, and high concealment—judicial practice still faces difficulties in determination at multiple levels. These difficulties include ambiguity in the types and boundaries of objective acts, challenges in proving the perpetrator’s subjective intent, and unclear application standards for aggravating circumstances such as “assembling a crowd” and “committing the act in public places in the presence of others”. To enhance the consistency and operability of judicial decisions, it is necessary to further clarify the types and boundaries of objective acts, establish more targeted rules for inferring subjective intent, and provide interpretations of aggravating circumstances that align with the online context. By doing so, the determination system for this type of crime can be systematically improved, offering clear and reasonable grounds for judgment in judicial practice.
Keywords Non-contact Indecent Acts; Cybercrime; Child Protection
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Conflict of Interest
The author declares no conflict of interest.
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