The Dilemma and Improvement of the Identification of Child Molestation in Cyberspace

Abstract

In the modern society with the rapid development of Internet technology, the Internet penetration rate is growing rapidly, and the number of young Internet users is also increasing. However, while the Internet brings convenience to young people, there are also many hidden dangers. In recent years, the act of indecency against children on the Internet has often been exposed in social news, causing widespread public concern, and even many parents of children have panic. At present, there are no clear laws, regulations and judicial interpretations to define it in China, and it is only mentioned in the gist of a few guiding cases. Many related cases involving the act of indecent assault on children in cyberspace have also exposed the shortcomings of its identification in judicial practice. Therefore, it is necessary to further improve the identification of the act of indecent assault on children in cyberspace on the basis of guiding cases. This paper screens and analyzes the existing relevant judicial cases, and summarizes the aspects to be solved in practice. The viewpoint of this paper is based on the theory of "four elements of crime constitution" commonly used in Chinese legal academia, which enriches the understanding and application of the legal interests, objective and subjective aspects of the crime of child molestation in cyberspace.