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Research Repeal Girl Sex Crimes

Posted on:2013-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X J WuFull Text:PDF
GTID:2266330425450445Subject:Punishment law
Abstract/Summary:PDF Full Text Request
Since listed as a crime in the criminal law in1979,the crime of whoring the girlsunder14years old has been disputed over the existence and abolishment by the theorycircle and many cases in the practice has been disputed due to the existence of thecrime of whoring the girls under14years old. The crime of whoring the girls under14years old has defect in legislation, the establishment of which violates thepirnciples of equality and suiting punishment to the crime and responsibility in thecriminal law and fails to conform to the internal unity requirements of the criminallaw. From the perspective of crime constitution, the legal interests protected are notdifferent from those of child molestation and the crime of having sexual intercoursewith a girl under14years old while granting sexual autonomy right to the girls under14years old in the objective aspect, which derivates from the legislation purpose ofprotecting the rights and interests of the girls under14years old and excludes thecrime conversion arising from the conversion of the subjective mentality of the actorcommitting the whore. From the perspective of number of crime, the handlingprinciples for the coincidence of law articles are confusing and it is difficult to operaterightly while easy to connive at the criminals in the practice. Thereofre,it is requiredto abolish the crime of whoring the girls under14years old in the legislation andincorporate it into the crime of having sexual intercourse with a girl under14yearsold1and child molestation.
Keywords/Search Tags:Legal Rights and Interest, Defect in Legislation, ConstituentElements of Crime, Coincidence of Law Articles, Abolishment
PDF Full Text Request
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