| In recent years, the type of girl sex cases continue to increase, a greater impact, extremely bad social impact caused widespread concern in the community, in the community of controversy, is calling for the abolition of the establishment of the criminal law on the crime of girl sex girl sex crimes incorporated into the the Carnal Knowledge rape. Criminal law scholars this sin too much focus on the legislative level, however, the body of criminal law is criminal law rather than legislative hermeneutics school, which provides that the existing criminal law Carnal Knowledge rape, also provides that the girl sex crimes the legislative cases under the Criminal Law have girl sex cases proper solution of solutions.The core issue of how to properly deal with the relationship between the provisions of Article236, paragraph2of the current Criminal "girl sex crimes and the provisions of Article360of the" Criminal Law "Carnal Knowledge types of rape is the correct handling of such cases, but criminal law academic research on the relationship between the two is often only stay on the surface, not deep enough, only to make a point, but the lack of a strong theoretical support, the theory can not be applied in practice. In this article, the author seeks to several mainstream view to sort out, and put forward their point of view.The writing of this article is divided into the following sections:Part Ⅰ:Recalling the the girl sex types of cases in recent years occurred, a brief description of Xu Moumou, surname Wang girl sex case, pointed out that the community and the different views on the case was handled.Part Ⅱ:Analysis of Xu Moumou, surname Wang girl sex case conviction, focus on the author’s analysis of the case process several important theoretical issues; Comment on why the case should focus on the rape conviction punishment instead of girl sex crimes; aims to clarify the relationship of the rape of girl sex crimes Carnal Knowledge type.Part Ⅲ:countries on girl sex crimes legislation through the analysis of the case as well as the world, triggering the legal thinking of the author of the current criminal legislation on girl sex crimes. |
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