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我国宪法法律保障男女平等,男女平等是人权的天然内涵。刑法是保障人权的重要屏障,这是刑法价值的应有之意。刑法从其价值的多个层面涵盖着保护女童性权利。刑法的价值既包括打击犯罪、维护社会秩序的外在层面,这是刑法的形式价值;又包括尊重人权和保障人权的内在层面,这是刑法的实质价值。刑法的秩序价值明确包含保护女童性权利,打击性侵女童犯罪是刑法秩序价值的重要使命。尊重和保障人权是现代法治的核心,保障和完善女童性权利及其安全是现代法治与人权理念的重要提倡。
The constitutional law of our country guarantees equality between men and women, and the equality of men and women is the natural connotation of human rights. Criminal law is an important barrier to protect human rights, which is the proper meaning of criminal law value. Criminal law covers the protection of girls’ sexual rights at multiple levels of its value. The value of criminal law includes both the external dimension of fighting crime and maintaining social order, which is the formal value of criminal law. It also includes the inherent aspect of respecting human rights and safeguarding human rights, which is the substantive value of criminal law. The order value of criminal law clearly includes the protection of girls’ sexual rights and the crime of sexually assaulting girls is an important mission of the value of criminal law. Respecting and safeguarding human rights are the core of modern rule of law. Ensuring and improving girls’ sexual rights and their security are important advocates of the modern rule of law and the concept of human rights.