Discussion On The Cancellation Of Crime Of Whoring A Girl Under The Age Of 14

In recent years, a series of crimes of whoring girls under the age of 14 makes the existence and cancellation of this kind of crimes become the focus again in academia and the media. This thesis argues that there are so many legislative defects of this crime that should be abolished. In the view of criminal constitution, such crimes overlap fully or partially crimes of having sexual intercourse with a minor and child molestation; in the light of criminal penalty, the penalty settings are disorder, violating the principle of suiting penalty to crime; in the term of legislative purposes, it gives young girls sexual autonomy to make them take fault liability, which deviates from the special protection of young girls and treats the young girls and ordinary ones differently, violating the principle of equality before the law; from foreign legislative position, it is inconsistent with the provision of foreign legislation, ignoring the nature of crime; from judicial practice, it is difficult to identify the prostitution of young girls and it is a great indulgence for criminals to define the crime based on the prostitution identity. Therefore, this thesis suggests cancelling the crime of whoring girls under the age of 14 by proposing criminal amendments and bringing it into crimes of having sexual intercourse with a minor and child, giving better protection of the lawful rights and interests of young girls.