Minors (teenagers or children) are the most important strategic resources of the country, which is related to the rise and fall of the national pulse. The Declaration on the Rights of the Child clearly stipulates that children should receive special protection, and the formulation of relevant laws should follow the principle of the best interests of children. Therefore, many countries and regions present a dual framework in protecting the human rights of minors and adults, that is, sex trade with adults is generally not regarded as a crime, while sex trade with minors is recognized as a criminal act in most countries, such as Canada, the United States, Germany, France, Italy, Britain, Japan, Singapore and Taiwan Province Province. This is also the basic international consensus. There are relevant provisions in the Geneva Declaration on Children, the Declaration on the Rights of the Child, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (such as Articles 23 and 24), the International Covenant on Economic, Social and Cultural Rights (such as Article 10), the Convention on the Rights of the Child and the Convention on the Protection of Children. Taking Taiwan Province Province of China as an example, it has formulated the Regulations on the Prevention and Control of Sex Trade for Children and Adolescents (hereinafter referred to as the Regulations) and the Law on the Prevention and Control of Sexual Offences, which systematically and concretely put sex with minors into the track of the rule of law. For example, Article 22 of the Regulations stipulates that those who engage in sexual transactions with people under the age of 16 shall be punished in accordance with the provisions of the Criminal Law. Whoever engages in sexual transactions with a person over the age of 18 but under the age of 16 shall be sentenced to fixed-term imprisonment of not more than one year, criminal detention or a fine of not more than NT$ 100,000.
In recent years, the cases of helping the disabled (or the sex trade of minors) frequently reported by the media have exposed the obvious defects in the protection of minors' sexual rights in China. Taking legislation as an example, China's laws do not include sexual transactions with minors aged 14 to 18 in the criminal law, which is obviously not conducive to protecting the sexual rights of minors (especially underage girls) and violates the basic international consensus. In view of the powerful explanatory power of social bond theory to juvenile delinquency or deviant behavior, the author intends to start with the research status of underage girls' sexual intercourse, introduce social bond theory, and observe related problems in order to provide a brand-new and reasonable path choice for the prevention and treatment of underage girls' sexual intercourse.
1 theoretical research status: professional and systematic research is seriously inadequate.
At present, the basic theory and empirical research on the prevention and treatment of underage girls' sexual intercourse in China is seriously inadequate. By searching China HowNet and Wanfang Database, the author has not found any works published in core journals. Based on the analysis of limited related research results, the shortcomings of the research are also reflected in the following aspects.
First, the research path needs to be updated. Usually, scholars usually follow the theoretical paradigm of the classical school of crime to examine the causes of crime, that is, from anthropological factors, natural factors and social factors. Some scholars also study it from the perspectives of economy, society and culture. The rationality of these two theoretical research paradigms is self-evident, but the above practices have obvious defects, that is, the research lacks pertinence and is easy to fall into generalities.
Second, there is a serious lack of empirical data. According to the data collected by the author, there is no special investigation and study on sexual intercourse of underage girls at present. Related research includes: (1) In 2009, the School of Public Health of Fudan University and Shanghai Institute of Family Planning Science conducted a survey on 6023 adolescents (aged 5-24). The survey shows that 4.3% have had commercial sex, and 12.7% have had sexual behavior (including commercial sex). (2) An interview report on adolescents' assisted communication behavior, which was jointly investigated by China Youth Political College and China Children's Research Center. (3) Investigation and Analysis of College Students' Cognition of Aid Communication, co-authored by Liang Junhua, Wang Kai and Tong Xiaojun of China Youth University for Politics. (4) Based on the questionnaire survey of 25 1 prostitute in Fujian Province, a survey report "Socio-psychological Characteristics and Causes of Prostitutes" was formed. (5) The empirical analysis of the characteristics of juvenile cases by the research group of China University of Political Science and Law. (6) Yu Haiyan's analysis of juvenile sexual crimes and preventive measures. (7) Investigation and reflection on prostitution of rural women in Guizhou, and so on. In addition, from 2004 to 20 14, there were more than 20 cases of minors participating in sex trade, but most of these cases were of little research value because of incomplete information. Only the prostitution cases of primary and middle school students in Shanghai and the prostitution cases of girls organized by Shiyan are more detailed and have more case study value.
Furthermore, due to the lack of specialized and systematic basic theoretical research on sexual intercourse of underage girls, it is difficult to carry out in-depth and effective empirical research; The lack of basic theoretical research and empirical research leads to the problem of scientific decision-making, so that the corresponding social governance is difficult to carry out effectively. This paper advocates a comprehensive analysis of related issues from the perspective of social bond theory, which is an update and transcendence of the traditional theoretical research paradigm. Its obvious advantages are: strong operability, simplicity, obvious comprehensiveness and outstanding demonstration. Although MarvinKrohn and JamesMassey think that social bond theory is difficult to explain all criminal phenomena, it has a strong explanatory power for juvenile delinquency and juvenile delinquency, which does not affect the research of this paper, because the research object of this paper is underage girls.
Interpretation of Basic Principles: Social Bond Theory of Juvenile Delinquency
2. 1 Historical pedigree of social bond theory
Socialbondtheory, also translated as social control theory and social connection theory, was developed by Travis, a famous contemporary American criminologist. It was put forward by Hirsch (1935-) in 1969. Hirsch elaborated the theory of social bond in his book The Causes of Juvenile Delinquency. In order to show the position of social bond theory in the evolution of the whole criminal school more intuitively, it is briefly described as follows.
Criminology school can be roughly divided into two basic categories: classicism school (or classical criminology school) and positivism school (or positivism school). Positivism in criminology can be divided into physiological positivism, psychological positivism and social positivism. Caesar; Caesar Caesale Lambrou Sauer is one of the founders of physiological positivism. British psychologist Balbi (1964- 1977) is an important representative of psychological positivism. Sutherland, Durkheim, Merton and Hirsch are important representatives of social positivism. This school has a great influence on the development of criminology and has formed many far-reaching theories. For example, Sutherland's difference association theory, Durkheim's anomie theory, Merton's tension theory and social control theory. Among them, Durkheim's anomie theory later became an important theoretical basis of tension theory and social control theory, and social bond theory, as a typical representative of social control theory, has significant explanatory power in explaining juvenile delinquency or deviant behavior.
2.2 The basic meaning and evaluation of social bond theory
Hirsch believes that all people are born with the possibility of committing crimes based on their natural animal nature. So the focus of criminology research is why people don't commit crimes, not why people commit crimes. Most people don't commit crimes because there is a good control bond between their internal and external environment, that is, social bond. The so-called social bond is a stable emotion formed by people in social life and belongs to a part of normal personality. For example, if a person realizes that most people in his family or society have great expectations of him, and social morality and social order make him feel important, then this shows that the role of social ties is more significant and this person is more likely to commit crimes.
There are four key elements to control people's crime. The first element is attachment. The higher the degree of attachment, the less criminal acts; Attachment is a necessary factor to internalize social values and normative rationality. For minors, family and school are their most important attachment objects. Family is the first important place for teenagers' socialization; As far as families are concerned, the higher their attachment to their parents, the less likely they are to commit crimes. School is the most important educational place between family and society; As far as school is concerned, attachment to school is of great significance. Whether a minor commits a crime depends largely on his learning ability and academic performance. To this end, Hirsch also outlined a chain diagram of criminal causes. In addition, peers are also important objects of juvenile attachment, and so on.
If young people can devote themselves to achieving traditional goals, such as longing for higher education and pursuing lofty ideals, then it is unlikely to engage in dangerous activities such as juvenile delinquency; On the contrary, it shows that once individuals have the conditions to commit crimes and other dangerous activities, they are more likely to commit crimes and other dangerous activities.
The third element is participation, that is, teenagers spend time and energy participating in traditional activities. Traditional activities here usually refer to physical and mental exercise, academic activities beneficial to homework, group activities beneficial to moral cultivation and so on. The research shows that evil is born in the hands of lazy people. The deeper the intervention in traditional activities, the less time and experience individuals have to feel the temptation, and the more they can isolate themselves from the potential temptation of deviant or criminal behavior. On the contrary, the probability of dangerous behaviors such as illegal crimes increases.
The fourth element is faith, that is, the recognition of the common value system and moral concepts. For example, recognition of honesty, trust in the rule of law and so on. Hirsch believes that there are common values and moral systems in social groups. If teenagers lose trust in the most basic concepts of right and wrong, fairness and justice, it is more likely that individuals will commit dangerous behaviors.
3 A new probe into the basic problem: the distortion or fracture of social ties
From the perspective of social bond theory, the causes of underage girls' sexual intercourse can be attributed to the distortion or fracture of social bonds. Details are as follows.
3. 1 Attachment ties to family, school and peers are destroyed or distorted.
As mentioned above, attachment is the connection between an individual and his parents (family), school and peers. Individuals are more attached to these things and will be bound by common norms, so there are fewer opportunities to commit crimes. Taking the prostitution case of primary and middle school students in Shanghai as an example, from the perspective of the relationship with the family, Nana (pseudonym) dropped out of school because of family changes, and did not have a proper or stable job after dropping out of school. Based on this, it can be preliminarily inferred that Nana's social ties with her parents and school have been broken or seriously damaged, just like a kite with a broken line. In fact, according to the investigation by the procuratorate, most of the students involved lack effective communication with their parents, and abuse and doting are important reasons. Judging from its relationship with the school, as a school, it should have become the main place to implement sex education. However, due to the school's lack of this responsibility, students and schools have little or no contact on sexual issues. Judging from its relationship with peers, the influence of peers is far-reaching: Pingping is Xiaowen's classmate, Pingping introduces Xiaowen and his friend Xiao Min to prostitution; Nana and Xiaowen are neighbors who play together. Xiaowen introduces four other underage girls to prostitution. In this case, it can be called the distortion of attachment, that is, the norms held by the attachment object are distorted.
3.2 the pursuit of traditional goals missing or distorted
A survey shows that most of the students who commit sexual crimes in school are students from vocational and technical schools, accounting for 43% of the total number of juvenile sexual crimes. They are generally poor in cultural foundation, easy to be tired of learning or learning, and unwilling to receive family or school education. Shanghai prostitution case and Shiyan mega-organization girl prostitution case show that most of the students involved have poor grades and lack the pursuit of traditional goals. A considerable number of students spend more time and energy on eating, drinking and pursuing excitement than on academic and career planning. Although it can't be concluded that there is an inevitable relationship between grades and sexual intercourse of underage girls, it is undeniable that according to the existing survey, students with poor grades are much more likely to engage in sex trade than those with good grades.
3.3 Lack of or non-participation in traditional activities
In fact, the lack or distortion of traditional goals will naturally lead to insufficient participation. The above cases show that these young women rarely participate in traditional activities such as school sports (such as table tennis) and learning competitions (such as math competitions). The experience of engaging in sex trade further reduces their motivation to participate in traditional activities. The statements of the students who are engaged in the work of aiding students in the interview strongly confirm this point. For example, W said that many things can't be done without class. Then the grades slowly dropped. /kloc-9 of the respondents, 9 people think it is influential, close to 50%. Some students who think that the influence is not great have poor academic performance. For example, student B said that my grades were poor and it didn't matter. It can be seen that idleness is a hotbed of crime, and non-participation or lack of participation in traditional activities provides convenient conditions for adolescent women's deviant behavior
3.4 the lack or distortion of traditional beliefs (or beliefs)
A questionnaire survey of 25 1 adolescent prostitutes in Fujian province shows that adolescent prostitutes lack recognition and respect for traditional moral concepts and basic values, while money worship and pleasure are their main value pursuits. According to the survey, there are 87 people engaged in prostitution, accounting for 47.7% of the total. Among them, the average (moderate) family economic conditions accounted for 80.6%; 13 people with good family conditions, accounting for 7.4%; 2 1 person has poor family conditions, accounting for 12%. It can be seen that most young women engage in prostitution without financial difficulties. It is undeniable that this is closely related to the current bad social atmosphere with money as the coordinate. In the eyes of many teenagers, happiness is material possession, advocating hedonism and indulgence, and some even consider themselves as representatives of the new era and new trends. Many people hold the values that they would rather cry in a BMW than laugh on a bicycle. In the prostitution cases of primary and middle school students in Shanghai and the prostitution cases of underage girls organized by Shiyan, most female students involved basically despise our traditional values, and idols, money and even the pursuit of excitement have become their beliefs.
4. The fundamental way of prevention and treatment: remolding or correcting social ties.
Inspired by the theory of social ties, the fundamental way to prevent underage girls' sexual intercourse must focus on the reconstruction or correction of social ties. There are the following aspects.
4. 1 personal countermeasures: establish a reasonable and powerful family attachment.
At the individual level, we should attach importance to children's attachment to their parents and prevent the absence of family education. Because attachment to parents is very important, it is difficult for teenagers to form the habit of respecting others, and families can easily lose the role of controlling juvenile delinquency. At present, the outstanding problem in our country is that many rural parents work outside the home because of their livelihood, and their children are entrusted to the elderly for support. However, it is difficult for most elderly people to provide normal family education due to their own reasons, and most children's family education is in a state of absence. Due to the busy work of parents in many cities, many children are taken care of by kindergartens, which also leads to the lack (or inadequacy) of family education. The above phenomenon is partly forced by livelihood, and most families have insufficient understanding of the role of parents and do not attach importance to family education. The prostitution cases of young students in Shanghai, Shiyan and Guangdong all confirm this conclusion. As Luo Degang, a policeman who handled the case of helping middle school students in Shanghai, said, family education should be strengthened first. In the process of children's growth, parents should establish lasting and effective contact with their children. Specifically, appropriate parent-child interaction projects can be established, such as climbing mountains, swimming, playing games, playing ball games, reciting, etc. Parents who have been away for a long time should always contact their children by phone or pay attention to their growth through video chat, and give them encouragement and guidance in time.
In addition, parents should pay special attention to the physiological and psychological changes of underage girls (especially adolescent girls), give timely guidance in sex education, and pay special attention to the communication between children and their peers. It is normal for girls who have entered puberty physically to be curious about sex. Because there is no other formal way to choose, the guidance of parents (especially mothers) is the key. However, some parents have misunderstanding and hostility to sex trade, which can be described as transsexuality. For example, the activity of "protecting flowers and protecting the healthy growth of young girls" sponsored by the General Education Institute of Shanghai Academy of Educational Sciences and the Shanghai Municipal Committee of the Communist Youth League mainly involves basic knowledge such as what sex is, specific methods of contraception, and how to refuse men's sexual demands. At the beginning of promotion, it was very difficult. Some parents even think that such information should never be distributed to students. Shen, director of the psychological research office of the institute, believes that the physical development of modern students is nearly two years earlier than that of 10 years ago, but the sexual psychological maturity has not kept up. In hundreds of cases of sexual assault on campus in recent years, many children are silent after sexual assault. One of the important reasons is the lack of correct sex education. In addition, according to the interview, among the female students of 18, 12 was introduced by friends and engaged in helping friends. Therefore, as parents, they should not only guide their children to understand the knowledge about sex through science and education books and videos, so that their children can grow up healthily, but also actively guide their children to associate with friends with good conduct. When they find that their circle of friends is abnormal, they should promptly and reasonably guide or intervene.
4.2 School-level response: establish a reliable and powerful school attachment.
First of all, the concept of reforming education makes schools a reliable place for students. As far as the domestic situation is concerned, the current educational concept can be summarized in one sentence, that is, instilling knowledge and serving the examination. When a student is born for examination, not for study, the responsibility of the school will become alienated. Under the banner of inculcating knowledge and serving exams, the lack of sex education is not difficult to understand. For example, a survey of 10 secondary vocational school teachers conducted by the Shanghai secondary vocational school risk-taking behavior prevention research group shows that most teachers can't face the topic of sex calmly and think they can solve it. Only 5% schools in Shanghai have no sex education for secondary vocational school students. The educational concept that conforms to human nature and common sense should be education-oriented, that is, the so-called preacher, teacher and puzzle solver. Therefore, it is urgent and important to correct the educational concept, clarify the responsibilities of the school, and carry out lively sex education courses in time to make the school a reliable link.
Second, especially the education of poor students can not be ignored. Hirsch's research shows that establishing good contact with schools can make teenagers transition smoothly from childhood to adulthood, which plays an important role in limiting or controlling juvenile criminal activities. Teenagers' attachment to school mainly depends on their learning ability and academic performance. As mentioned earlier, the lack of intellectual skills is a symptom of juvenile delinquency. In school, the more teachers know about students, the more they can encourage and help them, the more they can properly and reasonably discipline them, and the less likely they are to commit crimes or deviant behaviors. In view of this, the following measures are worth implementing: first, students should be given enough attention and care regardless of their academic performance; Second, consciously carry out crime prevention activities; Third, pay attention to the education of teenagers' life planning; Fourth, respect the personal interests of young people and provide opportunities for participation. Because as far as teenagers are concerned, they are generally willing to spend time and energy to participate in things they are interested in. As far as schools are concerned, it is very necessary to respect the legitimate interests of teenagers. This is not only the need of students' all-round development, but also the need of crime prevention.
4.3 Countermeasures at the national and social levels: Rebuilding faith in the rule of law and basic values. At present, China is in a period of parallel social transformation and multicultural thinking, and the new value consensus has not really been established. The pursuit of wealth, fame, status and excitement seems to have become an irresistible trend sweeping the whole society. This trend has unscrupulously impacted the traditional values (female virtues) of the Chinese nation: tenderness, kindness, loyalty, love, strength, patience, filial piety and introversion. In addition, the legal gaps in the crime of whoring with young girls and foreign aid cases have repeatedly become the target of public criticism, reflecting that most people still hold an identity attitude towards basic values, are very dissatisfied with the phenomenon of legal inaction and disorderly behavior, and also reflect their dissatisfaction with the status quo of the rule of law. The rule of law, as the best way to govern the present society, seems to be an illusory mirage. In China, the development of civil society is slow, and the party and governments at all levels (and departments) are actually the leading and backbone forces in society. It is natural to master the most core and huge political, economic, cultural and legal resources and be responsible for rebuilding the society's trust in the rule of law and basic values.
The first is to build a firewall and establish a prevention and governance mechanism for underage girls' sexual intercourse. This is the basic international experience and the most critical and scarce firewall in China at present. In order to manage online dating websites, Japan promulgated the Law on Restricting Dating Websites, which prohibits dating websites from publishing information such as wishing to assist in communication, and stipulates that website operators have the responsibility to prevent teenagers under 18 from entering. On April 1 day, 2009, Japan promulgated the Law on Ensuring the Safe and Secure Internet Environment for Teenagers to ensure the safety of teenagers. Japanese law clearly stipulates that violations of minors' sexual rights and interests will be severely punished regardless of their consent. Relevant provisions are scattered in Japanese criminal law, child welfare law and child abuse prevention law. Compared with the relevant domestic policies, although China's criminal policy against prostitution has been evolving since 1949, the internal spirit is the same, that is, focusing on cracking down on prostitution. Therefore, it is an effective measure to cut off the channels of sex trade and focus on cracking down on prostitution.
The author believes that the most urgent thing for our government at present is to make up for the legal loopholes. The contents of the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency are either too general or lack of pertinence, which cannot cope with the problem of juvenile sex trade in society. Specifically: First, standardize dating websites, so that the net action can be transformed into a normal net mechanism operated according to law. Detailed measures can be found in the Japanese Law on Restricting Friends' Websites and the Law on Rectifying the Internet Environment to Ensure the Safety and Peace of Mind of Teenagers, which are formulated through empirical investigation and research based on the experience of China Net Action. Second, referring to the Regulations on the Prevention and Control of Sex Trade for Children and Adolescents in Taiwan Province Province, the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency were amended to include sex trade with minors in the regulations and increase the penalty clauses for sex trade with minors; Or make a separate law to prevent underage sex trade; Or in the revision of the criminal law, the crime of sexual intercourse with minors is added separately.
Second, we should prevent sophistry from monopolizing public opinion, listen to the voices of all parties and reach a basic consensus. In modern society, the formation of basic value consensus is not to force a system from the moral commanding heights or moral commanding heights, but to communicate and debate through a reasonable dialogue mechanism based on different groups and voices, and gradually form a value consensus that conforms to humanity, law and fairness. Although the mainstream view holds that underage girls' participation in sex trade (especially young girls' prostitution) will cause serious consequences and permanent harm to them. But we must not think that this is the truth without systematic investigation and demonstration, and we must not disagree. As a government, it should actively provide channels for vulnerable marginal groups like girls to help them make friends, so that different voices have the opportunity to play their due role in the operation and evolution of the law. The government's decision-making and the resulting legal evolution are in line with the real life, and it is easier to produce tangible results.
5 conclusion
At this point, we can clearly draw the following conclusions: from the perspective of social bond theory, the causes of underage girls' sexual intercourse can be attributed to the distortion or fracture of social bonds, and the way to prevent this phenomenon can be attributed to the correction or reconstruction of social bonds. In addition, another purpose of writing this article is to expect that the sexual intercourse problem of underage girls can arouse strong social concern. Relevant research should be followed up in time, because they are still children and will be their mothers in the future!
Text/Li Xiaolei, etc.