On The Abolition Of The Crime Of Whoring With A Girl Under The Age Of14

Since the beginning of the establishment,Crime of whoring girls under14yearsold has been attracted criticism from all aspects of the society.May27,2012,Sinamicro-blog broke a scandal about going whoring the young students in Yongkang cityZhejiang Province,which also reminds us the similar case in Xishui city GuizhouProvince in2009,which involved government officers,judicial cadres ect.This kind ofcases greatly stimulated the ordinary people’s nerves,and also touched people’s moralbottom line and legal bottom line.The whoring girls under14years old behavior isnot understood,and is also unable to be forgiven,because the girls are beingirreparable harm,no matter the girls are voluntary or forced,there is so muchdifficulty in determination of voluntary and forced.there is so much difficulty indetermination of voluntary and forced.Crime of whoring girls under14years old hasbeen issued for16years,but the actual effect is not ideal,totally failed to achieve theoriginal legislation to achieve the legal effect and social effect,so that the voice calledfor the abolition of this crime rose higher and higher.From2010to2012,members of the CPPCC and NPC proposed to abolish theCrime of whoring girls under14years old proposal during the annual NPC andCPPCC,which focus on the following aspects:(1)with the discrimination of defectivemoral’s girls under14years old, can mot achieve better to have girls equalprotection;(2)provisions of Crime of whoring girls under14years old and the crimeof rape are easy to cause the legal confusion,is not conductive to the judge decided onlaw,more important is easy to make people believe that the harbor to set up this crimefor some people being away from more severe punishment responsibility;(3)thepenalty is too light,this crime cause serious violations of girls mental healty,has aserious impact on the girl’s growth,the penalty can not do the principle of suitingpunishment to crime;(4)suggested make Crime of whoring girls under14years oldinto the crime of rape,to give the criminal a aggravated punishment. Actually, at the beginning of the establishment of this crime has certainrationality,the establishment of this crime has certain rationality,the originalintention of legislation conviction is trying to design convergence penalty types,withthe “ladder”of the penalty system to fill the state punishment illegal crime spacebetween the administrative penalty to severe punishment the crime of rape andprostitution.On reality,before1997the practice of many cases,some girls less than14years old concealed their ages and admitted it belonged voluntary behavior,thiskind of “whorning”was not as “rape”.Howerve, the problem is,this kind of realisticdesign of criminal charges,usually caused by public officers more easily off the“unintended consequences”,make some public officers become legislatio,take thevoluntary and the existence of money as the standard to distinguish theaccusation,there has a major flaws in logic:young girls under the14years old havesex behavior dominating right,which is not only against with the young girl’sphysical and mental health actual situation,also against with the logic about the crimeof rape ranges a single crime of whoring girls under14years old will face a moralproblem, which regards girls under14year old as prostitute.The establishment of this crime aims to protect the girls under14years old,butbelonged to the hindrance social management order,in judicial practice,how to judgeprostitution girl whether is voluntary,as well as how to identify whether theperpetrator is known,these main issues existence maximum fuzzy space,which bringmany uncertain factors for justice.In reality,some young girls who is under14yearsold being lure,stress,deception and abuse to havig sex and receive money,behaviorperson would be easy to escape the rape crime penalty sanctions.Whoring girls under14years old crime retained in criminal law, is not onlyfacing widely questioned public opinion,but itself also exists many deviation inlegislation.Especially in our country government and the people,big gap penaltyuneven background,people obviously looking forward to legislative design moretightly,in order to prevent the privilege to escape legal sanctions.Of course,whether tomake it rigidly uniform the whoring girl under14years old crime into the crime of rape,it needs the combination of different scientific rigorous and meticulousconsideration.The purpose of the legislation is to punish the criminal protection of legalinterests,however,since the establishment of whoring girls under14years old has notachieved the effect,but to a certain extent,giving loose to the absorption,indulgenceprostitution of young girl pheomenon (voluntary or compulsoty),has also become ahaven for some offenders to avoid higher criminal responsibility,so I think the crimeshould be abolished.This paper attempts to start from the theoretical defects andjudicial dilemma of whoring girls under14years old crimes,and whoring girls under14years old crimes brought a series of legal and social issues on the establishment ofit,in order to attract people to think about this charge.