A Study On The Case Of Guizhou Girls In

Crime of whoring with a girl was set to be an independent charge in 1997,since then such a crime has been controversial, some scholars have challenged the rationality of setting this crime, advocating that whoring behavior and other statutory rape behavior should be listed under the same category of rape, namely the "abolish saying". By contrast, a part of the scholars defend squadron this crime stipulated in the current criminal law, they think that should be resolved through the way of judicial interpretation in the judicial practice problems. The case of Xishui in Guizhou undoubtedly has made the controversy to another climax, and the controversy intensified. This paper takes Guizhou Xishui case as an opportunity, based on the judgment of the court, to summarize the "exist saying" and "abolish saying" issues, to take on the whoring sin legislation background, and the constitution of a crime to make elaborate. On the basis of the relationship, through the contrast between the whoring sin and crime of raping underage girls analysis leads to "abolish" "revisionist". Two different views, in between the both sides of in-depth study on the basis of the analysis of the author’s view, that is, agree with the "exist saying", to the angle of hermeneutics is proposed to explain the specific case of suitable solution, the abolition of all should take this as the starting point and the foothold, as a theoretical reference.