The Relationship Between The Crime Of Whoring And Fornication With Young Girls

Since the Criminal Law of our country has revised in1997,the crime of whoringwith young girls isolated from the crime of rape,becoming a separate crime.Then thedeposit about this crime has been spent.The cases of whoring with young girls havefrequently exposed in recent years,which pushing it to the cusp of public opinion.Theauthor believes that,at the behind of the dispute of the crime of whoring with younggirls, is how to understand the relationship between the crime of whoring andfornication with young girls.Only by standing on the objective and rational position ofview to campare the relationship of the two crimes scientificly and rationally,thendiscuss the abolition of the crime of whoring with young girls,rather than castigateover and over again after each case.The thesis has some innovative ideas based on the existing theory,by puttingforward a new standard of distinguish the relationship between the crime of whoringand fornication with young girls,that is,the classification of the crime patterns.Thethesis is divided into five chapters.The first chapter is a critique of the existingdistinguish standards between the relationship between the two crimes.The existingdistinguish standards include dividing young girls into ordinary ones and prostitutionones,whether paying for money,coincidence of articles or mutually exclusive,etc.Theauthor points out the flaws and shortcomings of these standards,for paving the way forthe new crime patterns standard.The second chapter is to compare the two crimes from the point of the constitution of crime. The author uses the traditional constituentelements to compare the objective,subjective,subject and object of the two crimescarefully.The third chapter is to compare the two crimes from the point of the severityof legal punishment.The author combines the criminal point and the maximumpenalty in a comprehensive consideration.The fourth chapter is to campare the twocrimes from the point of the crime patterns,which is the new standard to distinguishthe relationship between the two crimes,the “harm-victim”pattern and the “trading”pattern.The crime of fornication with young girls belongs to the former one,and thecrime of whoring with young girls belongs to the latter one.The fifth chapter is to putforward some suggestions for improving the articles to protect the sexual rights of theyoung girls.The author suggests that by modifying the accusation of the crime ofwhoring with young girls.reducing the liability of the clients.increasing the provider’slegal responsibility to weave dense the protection of the law.Finally,the author also makes a clear answer to the question of the abolition ofcrime of whoring with young girls:either from the objective behaviors or theprotection of the legal interests,there is a need for its existence.Legislators hadreasonable reasons to seperate the crime from the rape.We can not allow thelegislation to pay the bill for the problems happened in the judicial process.The bodyof the Criminal Law is not a legislative hermeneutics science,we can interpret the lawto perfect the crime of whoring with young girls,rather than repeal first thought.Onthe contrary,the author not only opposes to abolish the crime,but also thinks that theprovisions of the Criminal Law on the crime about the criminal point is toohigh,which should be better to reduce to three years imprisonment.At the same timeof reducing the liability of the clients,the liability of the provider should be increased.The children are the future of our country,young girls are mothers of thefuture,the importance of protecting their physical and mental health isself-evident.The author does not expect to quell the dispution on the crime by a master’s thesis,but hope that through her effort and try,letting the legal circles and thegeneral public in the debate to realize the problems they did not notice before.Then,toevaluate the crime of whoring with young girls rationally and objectively.