篇名 | 聯合國永續發展目標之性別平等展望-以日本刑法第179條反思我國刑法第228條之修正可能 |
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卷期 | 51 |
並列篇名 | The Gender Equality Outlook of the United Nations Sustainable Development Goals - Reflecting on the Possibility of Amendment to Article 228 of Taiwan Criminal Law with Article 179 of Japan Criminal Law |
作者 | 顏筠展 |
頁次 | 047-068 |
關鍵字 | 聯合國永續發展目標 、 性別平等 、 濫用權勢性交 、 UN Sustainable Development Goals 、 Gender Equality 、 Sexual Abuse of Power |
出刊日期 | 202306 |
According to the 5th of the United Nations Sustainable Development Goals on the realization of gender equality, 5.2 of which is “to eliminate all forms of violence against women in the public and private spheres”, from the results of the United Nations survey, it is concluded that the three major security threats faced by women around the world are “Sexual Assault”, “Domestic Violence”, “Stalking Harassment”. The behavior of sexual assault to be discussed in this article is abuse of power for sexual intercourse. Taiwan regulates the crime of using power for sexual intercourse or obscenity in Article 228 of the Criminal Law, while Japan regulates it in Article 179 of the Criminal Law. This article intends to explore whether Article 228 of Taiwan’s Criminal Law is sufficient to form a protective barrier, including the deterrent force of the statutory penalty, to deter abuse of power for sexual intercourse or obscene behavior. Therefore, the research question of this article is to extend the article 228 of Taiwan’s criminal law through Article 179 of the Japanese Criminal Law after the revision of the Japanese Criminal Law. Using the method of document analysis and comparison, we hope to find out whether Article 228 of Taiwan’s Criminal Law needs to be amended and improved, as the research result of this paper.