| Summary: | 碩士 === 國立中正大學 === 犯罪防治所 === 96 === The importance of child and teenager protection should go along with the changing situation and the trend of the world and be considered from the angle of human rights to meet the consensus and value of society, not to be limited by the general legal meaning, nor to be framed by the indefinite legal meaning, thus expected to give to people freedom of speech under the framework of constitution to meet the proportion principles. If so, by means of analysis, judgment and collection, the related literature and data shall become the object of research.
First we should consider it from the angle of constitution, guided by the spirit of freedom and the rule of law and investigate it from the idea of the rule of law and how under the proportion principles judge the true meaning of freedom of speech, so that the protection of Child and teenager will not become a sacrifice for political manipulation and under the adjustment of law and practicality let the overall rule of law clearly and precisely protect Child and teenager in an effective, reasonable, appropriate and right way to assure the importance of Child and youth protection.
Child and Youth Sexual Transaction Prevention Act was born in 1995, the precedent of which was drafted as the rules against teenager prostitutes in 1993. In the process of legislation and the changing situation of Taiwan society, the objective of legislation which was originally to rescue teenager prostitutes shall become an arbitrary, dictatorial decision of jurists, simply operated without consideration of human rights or the rule of law.
According to Article 29 of Child and Youth Sexual Transaction Prevention Act , one will be implicated, simply based on a hint of sexual trading, such as any related message in the internet, no matter whether the person concerned has any intention of sexual trading, or has actual sexual trading, or whether both sexual traders are adults. It also makes the law enforcers to induce people to fall into the trap of committing criminal acts, to the extent of even arousing suspicions of being suppressed.
Further we should investigate the original idea of its legislation. It was legislated to protect child and teenager from sexual trading or falling into the hands of any sexual syndicate. Originally the rule was used to punish the third person of any sexual trading, that is, the helper or associate in a sexual trading. But nowadays it is used to infinitely punish adults. In the present legal provision, an ordinary sexual consumer, originally not to be punished, shall be punished according to Article 29 of Child and Youth Sexual Transaction Prevention Act , so long as leaving any sexual trading message in the internet.
Because of different extended interpretation or enforcement of the prosecutors or policemen, anyone who expresses sexual desires in the internet interaction is likely to be arrested, thus anyone expressing sexual desire is looked upon as a suspect and arrested and investigated; it is a serious violation of human rights. Based on the above reasons, Article 29 of Child and Youth Sexual Transaction Prevention Act should restore its original intention of legislation. It should not be infinitely expanded, thus twisting the objective of protecting Child and teenager , and become a thug for deepening sexual and moral defamation.
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