Research On The Crime Of Whoring With A Girl Under The Age Of14in The Perspective Of Sexual Right

At present, there’re many cases that infringe upon young girls’ sexual right.Whether legal system and law enforcement, judicial practice can be or not be timelyand effectively to protect the young girls’ sexual rights, that mostly determines theinfant can or not enjoy health and safety social environment for growth. Protectingyoung girls’ sexual right is the objective requirement to realize the female healthypersonalities and the all-round development of mental health.Be relative to the human sexual right, young girls’ sexual right has always beenenjoyed but restricted to freely exercise, must to be carried strict protection out andphase characteristic with gradually improving the independent to exercise,and so on,those characteristics determine the protection of young girls’ sexual right which needput forward higher requirements.Although crime of whoring is listed as a crime and it set a legal punishment tobe investigated for whoring behavior persons’ criminal responsibility, and on thesurface, its minimum punishment is also higher than the minimum punishment ofstatutory rape crime, but it shows a poor situation in the protection for the girl’sphysical and mental health. Through the analysis, crime of whoring with girls andstatutory rape crime are basically the same on constitutive requirements. In the realjudicial practice and the understanding of general public for whoring behavior shouldbe called for rape clauses to give conviction and punishment.There is a distinction between prostitution girl and good girl as the prevailingassumption during the practice about the crime of whoring. Not only there appearscontradiction in the internal of "criminal law", violates basic principles of criminallaw, easily leads to appear in the practice of selective justice type (e.g. not to choosestatutory rape crime) and etc to consequences, but also in order to be able to evadestatutory rape crime to punish behavior person with the bad result, they would violatethe act of young girls’ right to actively contribute to more in line with the constitutiverequirements of crime of whoring for criminal punishment according to the results ofrelatively light. In reality, through giving the girl a little property, ones’ behaviors are infringingyoung girls’ right that becomes a whoring behavior. With exploiting the loopholes ofcharge, someone recklessly do the implementation of the infringement behavior inyoung girls’ sexual right and the identity of adultery becomes the client. This shouldbe actively protected but the girl is forced to be labeled as the "prostitution". And thenit admits that girl under the age of has sex of exchange and advocates female in theso-called whoring behavior occurring fault.Jumping out of the "criminal law" regulation, we see that the various situationsand the same principle of civil law system have the serious conflict. Because civil lawregulations, for important matters, especially the behavior which is related to betraybody, girls can’t make a complete meaning, and they’re belong to persons of restrictcivil action competence. So-called commitment ability, that is clearly inconsistentwith its age and intelligence, law should not be recognized. The establishment ofcrime of whoring is an admission that the girl has the independent ability to disposeof sexual right.Assumption and result of legislation, practice of the judicial referee and commondeviation understanding of person to young girls’ sexual right causes infringement toyoung girls’ sexual right in the actual operation process of "criminal law". Andtherefore we have to gradually change the legislation assumption and take equalprotection for all girls. At the same time, through the amendment of criminal law, weshould determine the aggravating punishment situation of the crime of whoring andstrength law enforcement and the judiciary punishment for the crime of whoringtimely to effectively deter whoring behavior person. Calls in the general public isincreasingly intense, we should revise the law provisions and abolish the provisionsof the crime of whoring to use the crime of rape to punish whoring behavior, this isour fundamental measures to perfect the legislation, and finally realizes the younggirls’ right protection governance nature moves in an all-round way.