| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 103 === Abuse of Authority in Sexual Misconduct purpose is protect sexual autonomy and the minority in society. The interpretation of Art. 228 of the criminal code rules a person who takes advantage of his authority over another who is subject to his supervision because of family, guardian, tutor, benefactor,official, or occupational relationship and who has carnal relations with or commits an indecent.
However, ever since the amendment to our national Criminal Code in 1999, the differentiation between Article 221 in the Criminal Code and Article 228 in the Criminal Code are unapparent. Through the literature of the domestic scholars, practical case study analysis Article 228 in the Criminal Code. By gather the judicial case and make a detailed analysis the Article 228 in the Criminal Code. Hope it can protect the sexual autonomy and the minority in society.
The methodologies adopted in this thesis are literature review, case study and comparative research method. The Chapter 1, Introduction. It describes the research motivation, the purposes, the methods, and the scope of the study.The Chapter 2, History of Abuse of Authority in Sexual Misconduct. It includes background and introduction of legislation of Sexual Assault Crime and other similar charges to create standpoints in controversial issues. The Chapter 3, The observation of foreign legislative examples on Abuse of Authority in Sexual Misconduct. The Chpater4,The analysis on Abuse of Authority in Sexual Misconduct from Judicial Case. The Chapter5, The question on Article 228 in the Criminal Code. The chapter6, conclusion and recommendation.
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