A Study On The Existence And Abolishment Of The Immigrant Girl

The Crime of Whoring girls under the Age of14as a newly established Crime wassettled in the establishment of the Criminal Code in1997in China. At the beginning，the legislators were in order to fight against the behavior of whoring girls under theage of14. Then the social order can be maintained and the rights of girls under theage of14can be protected. But the Case of Tanghui in Hu’nan Yongzhou， the Caseof Whoring girls under the Age of14in Guizhou Xishui and in Zhejiang Lishui allreveal that this crime cannot protect the girls under the age of14in proper way. Sinceour country has approved the United Nations “Convection on the Rights of the Child”and we need to concern for the children， and in the other hand， Chinese Academiaand the judicial practice have both showed the malpractices of this crime， ourcountry should abolish the crime of whoring girls under the age of14.This article willelaborate the irrationality of crime of whoring girls under the age of14and then willelaborate how to do after the crime has be abolished. This article includes four parts:Part Ⅰ， the current situation of the crime of whoring girls under the age of14in our country. This part mainly introduced the background and the constitution of thiscrime.Part Ⅱ，the criticize of the crime of whoring girls under the age of14. This partwill elaborate the irrationality and the necessary of abolishing the crime from theinternational convention，the constitutional，the criminal law and the social practice.Part Ⅲ，this part has mainly introduced the law of the sex crime to the childrenin Hong Kong， Macao， Taiwan，American， Japan， German and so on. Theintroduction is in order to obtain some enlightenment for our country.Part Ⅳ，when the crime of whoring girls under the age of14has beenabolished， the legislators need to create new law to forbid the sexy crime to children.So in this part， the article bring some ideas of how to create new law in the future.