On The Abolition Of Prostitution Of Statutory Crime

In recent years, the crime of whoring with a girl under the waste to struggle as acontroversial academic theories to sin. The central issues of all disputes mainly is whether thedefendant is considered charges are reasonable, whether the crime of whoring sentencingconforms to the social fair justice standards, and so on. This will have to let us to carefullyexamine of the criminal law about the crime of whoring with a girl under the age of justsexual problems. Some scholars advocated the abolition of the crime, in order to achieve aresponse to public calls. Also have claims against the abolition of the proposal to sin.Individual encourageed the abolition of the crime, the crime of whoring set in violation of thebasic principles of criminal law. Which the girl under the age discrimination in the provisionsof the law and civil law in conflict with the principle of equality before the law. And theestablishment of this crime is unfavorable to special protection of minors.The Girl agree or not in subjective aspect is our country criminal law to distinguish thecrime of whoring with girls under boundary, namely, accordingly, as a kind of protection for agirl under the age of discriminating. Namely the prostitution girl under the age of sexualcrime as crime of whoring with a girl, to a girl under the age of prostitution sex crimes as rape.Crime, distinguish between female prostitution and prostitution woman of provisions, willincrease the psychological shoulder of girl live on the streets, have a harmful effect on thegrowth of minors. For the sake of enhance the protection of minors, on the one hand, weshould be "the crime of whoring with a girl under the" in "statutory rape rape", on the otherhand can create a variety of social system implementation of the protection of minors. Forexample, through the found of illegal, homeless and other minor social assistance system toprovide the necessary life safeguard, for minors to proper sex knowledge education and so on.Minors are the hope of our country, the social vulnerable groups, need better safeguard. If wecannot guarantee the healthy growth of children, young people are likely to be due to its don’thave the ability to live independently towards the opposite of society. To cut off the appearingof this kind of condition, need particular concern and help of the society. Accordingly, weshould establish and improve various as soon as possible for minors aid agency, use a variety of legal and valid means to raise rescue funds, do our best to make every minor, especially theliving conditions of girls, all should be taken care of, social concern. Avoid the bailout fundsand manpower shortage causes minors to beg not advantage to the healthy development of theactivity. In this way can effectively protect the minors’ right to life, the right to health. Fromthe survival pressure and make unwise choice. So as to fulfill country policy, theimplementation of special protection to the minors to improve public faith in law.Accordingly, should abolish the crime of whoring with a girl, the behavior depending onthe actual situation of whoring separately under statutory rape crime and the crime of childmolestation. This is also the public’s voice, the network of public opinion. Lawmakersnetwork public opinion should be a consideration, because the law is for the public, is to wantpeople abide by. Only matches to the masses, people can accept that the law is more vitality,is the law more perfect. Every time in the history of law revision of the corrections are in theoriginal legislation has not accord with real life situations. The law is not perfect, perpetual.The law requires it with the development of society and constantly improve and perfect.In this paper, the chief content is separated into four parts.The primary paragraph is the introduction part of the essay. In the introduction to thecrime of whoring with a girl under the simple introduction, narrates the research situation athome and abroad in this field. Illustrates the article expatiates the purpose and significance isin favor of the abolition of the crime of whoring with a girl.The second part has carried on the simple introduction of whoring sin, comprising itsconcept, conviction theory basis. Points out the development of China’s legislation of thecrime of whoring, shows abroad legislation to prove without the found of this crime, commitis relatively fewness. Finally, has carried on the qualitative whoring behavior, indicate thewhoring behavior should be grouped into rape and child molestation charges.The third part introduces the theory about crime of whoring with a girl under the theoryof reservations and repeal the theory view and the reason, and has carried on the rebuttal toretain the theory reason. Including rape is higher than crime of whoring with a girl under thelegal punishment, the establishment of crime of whoring violates the basic principles of punishment, the establishment of crime of whoring with a girl under the breach of legislationcoordination, etc.The fourth part is the legislation of the crime of whoring with a girl. Including repealedcrime of whoring with a girl under the alternative measures, call for legislation inmodification to the law. Improve the safeguarding of young people, such as strengtheningsexual knowledge propaganda and popularization, to set up and consummate the institution ofminor’s social assistance, etc.