The Relationship Between The Offence Of Whoring Girls Under14Years Old And The Offence Of Carnal Knowledge

As more and more exposure of young girl sexual abuse,there is an increasinglyfierce discussion on the offence of whoring girls under14years old.Most peoplethink that the criminal law of ordinary girl and prostitution girl formulated the"double standards".The offence of whoring girls under14years old is discriminatesagainst young girls into prostitution,and its statutory sentence makes the criminalsescape heavy punishment.In this background, the voice of abolishing the offence ofwhoring girls under14years old grows louder.The offence of whoring girls under14years old having been subjected to the duties and abuse from it separated from rapebecause we did not reasonable positioning their relationship.This article attemptsthrough to carry on the reasonable positioning the relationship between the twocrimes to slove the problem of using chaos in the judicial practice,to achieve thecriminal policy requirements of equal protection with a girl under the age and fit forthe purpose of criminal law.This article first presents the process of the offence of whoring girls under14years old separated from rape, and specific views and advantages of current academiccircles including mutual exclusion theory, overlap of articles of lawtheory,imagination of concurrence theory,as well their deficiencies of theory andpractice.According to the hypothesis of "code of perfect self-sufficiency",itdismissed the view of abolishing and modifying the offence of whoring girls under14years old.Explaining their relationship called new overlap of articles of law theorybased on the internal regulation function of existing law system and applicable rulesand applicable rules of the principle that “special law is superior to common law”and“severe law is superior to gentle law” in overlap of articles of law theory.The law of overlap of articles of law theory of this article can be interpreted thatthe relationship between the offence of whoring girls under14years old and the offence of carnal knowledge is overlap of articles of law.The offence of whoring girlsunder14years old is the special law to the offence of carnal knowledge.When havingsex with prostitute girl under14,the offence of whoring girls under14years old shallbe applicable normally.When the five kinds of aggravating circumstances prescribedin the third paragraph of article236of the criminal law,the common law,the offenceof carnal knowledge shall be applicable due to using special law is unfair and It isprohibited to use the common law.New overlap of articles of law theory have lots ofadvantages: Avoiding excessive use of legislative theory，contradicting paradox ofImagination of concurrence theory and Avoiding heavy penalty Imagination ofconcurrence lead to.