Probe Into The Appliance Difficulties On Crime Of Having Sexual Intercourse With A Minor

After the disclosure of the"Xishui case on whoring with girls under the age of 14", the repeated exposures have aroused widespread social concern and generated much anger and controversy. Public opinion from morbid personality, ethics, officials'selection and promotion and its supervision system and its virtue, grassroots political eco-problem to the criminal proceedings, judicial justice, the influence on judicial territory caused by popular wrath, vulnerable groups protection, and the heated discussions from multiple perspectives have again focused on this continuous controversial charge since its establishment– whoring-infants sin. The provisions of this sin whether interferes with the judicial justice or whether as should be abolished has not yet formed the final verdict because various opinions from the criminal law scholars, judicial-circle personage and NPC delegates unable to agree.The author believed that the law revision demands a process. Before the legislation of removal of whoring-infants sin, it is imperative to fully understand the charges, accurately know its constitutive requirement, and solve the various complicated problems in the applicable affairs so as to avoid judicial injustice or the appearance of false and wrong cases under the current jurisdiction of criminal law. This article illustrates from the concept of infant-whoring, four constitutive elements of a crime, the comprehensive and thorough analysis on this blame itself, on how to affirm the main object and secondary object, on how to confirm the identity of the crime, and what are its behavior. Whether criminal law admits infant-girl prostitution voluntary, whether the girl could be into the perpetrator in this case, whether indirect intent could constitute this crime, what subjective aspects of"Being fully aware"for the does include and difference between this crime and general whoring behavior; How to define its accomplished, attempted, prepared and suspended form, how to differentiate this crime, the other fornication forms of rape and child molestation, how to identify the different behaviors with the infant girls were forced prostitution, or lured to offer prostitution, or whoring insane infant girl, or whoring with his own venereal disease, etc. and the other complicated issues related in the judicial practice, all will be released by their own opinions one by one.To sum up, as well as combining the provision about the conviction penalty of whoring an infant girl in criminal law past and now, domestic and outbound, the author deeply comes to realize many of the legal loopholes that we alone set up this crime in China's present criminal law. These legislation's maladies themselves are the resources leading to a great many difficult problems in the judicial application process. Whoring infant girl crime causing multiple law misunderstanding mainly displays in: (1) law- mode setting easily causes misunderstanding; (2) law benefit propensity is not clearly explained; (3) dual standard causes conflicts among the regulated criterion; (4) violates the principle of equality before the criminal law; (5) takes a superfluous action by deliberately distinguishing the behaviors ;(6) violates the principle of suiting punishment to crime; (7) lack of deterrent force on the offender. Therefore, cancelling this crime is imperative and no time to delay.Repealing this crime doesn't mean this whoring behavior shall be exempt from penalty under criminal law, yet the more accurate conviction and sentence of measurement of penalty will be rested upon the whoring infant girl behavior. Summarizing and balancing the merits and demerits of multiple revision opinions, the author puts forward a relatively optimal modification of the proposal. A wrong judgment can only lead to an injustice, yet an error caused by the legislation may lead to whole social injustices. The author looks forward to the early abolishment of the crime of whoring with a girl under fourteen done by legislature, and the lawful rights and interests of the infant daughter can be better protected.