The Abolition Of The Crime Of Whoring A Girl Under The Age Of14

Crime of whoring with a girl, is refers to the behavior of whoring with a girl under theage of14to discontent. Set there is a lot of the crime of the theoretical shortcomings, mainlyinclude the improper protection of profit is not clear and the crimes, prostitution girl don’tagree the existence ability and actually there is no fault of the victim; Also exist manyproblems in judicial practice: the legislation goal difficult to achieve, difficulty to"prostitution girl", and with rape (statutory rape) applicable laws conflict, the applicable lawis not stability. It due to defects in theory, this crime exists in practice has brought a series ofnegative effects, can cause the local lack of justice in public heart, unable to realize thelegislative purpose. For a lot of works and literature about the research, but still lack of asystematic summary of reflection. This paper topic selection, based on the aboveconsideration in research methods on the theoretical analysis method, through the study of thecharges, hope to sort out problems of this crime in criminal law theory, clear what crime,protect the legal interests, the setting of this crime in the basic sentence if there is acomparison with other related charges appear on punishment imbalances, whether femalesexual consent ability, discusses the presence of the victim fault; For this crime in practice,summarized the problems that exist in the finishing, for this crime legislation purposes areachieved, whether there is a confused with statutory rape crimes, crime of special object"prostitution female" cognizance of this crime in all aspects of reflection, in order to helpfuture researchers.This article first obtains from the legislation evolution aspect of the crime of whoring,tidy up the legislation of crime of whoring, summed up for this crime in criminal law fieldhaving canceled three views, reserved, compromise, after evaluation leads to I think should beabolished, and then from two aspects of criminal jurisprudence, the judicial application of itsexisting problems are analyzed, finally some suggestion from the Angle of legislation, inorder to reach the goal of improving laws.Writing this article divided inio the following sections: Part I：introduce the legislative evolution of the crime of whoring, debate and review.Summarizes the academic attitude to it: to abolish, keep, modify, after a brief comment onthree kinds of view introduced his own point of view: the crime of whoring shall beabolished.Part II：this part of the theoretical defects existing in the crime of whoring and the articleanalyzes the problems existing in the judicial application, is the focus of this article.Separately from the criminal law theory, legal application researches in two aspects. Crime ofwhoring a girl under the protection of legal interests is blurry, logic contradiction thatpunishment does not adapt situation, contradicted the female sexual disposition, femalesubjective fault. First in profit protection legislation aims to protect a girl under the specificprovisions of physical and mental health but lawmakers and put it in the sixth chapter, make itdifficult to understand what is going to focus on protection of rights and interests of female isto maintain social public order; Values of criminal law of the fuzzy and led to the charges inour sentencing issues, outside the prescribed limit on rape, maximum sentence for belowagain on rape is abnormal light, with the crime of child molestation and display abnormalheavy punishment. From the division standard of responsibility ability, make sure only withage as the judge whether agreed to have sex ability, negative when female prostitution haveagree with ability, the fault of the victim of the concept, classification, applicable situation,applicable conditions, argue that there is no victim fault. After the theoretical analysis tocontinue to the question in the judicial practice is discussed. Crime, and failed to achieve theprotection of female, the female prostitution that there are difficulties, also caused the crimeof rape and child molestation charges on the law applicable to the conflict between judicialpractice and operation of the difficulties which caused instability applicable law, at the sametime also brought many negative social effects.Part III：is the legislative advice, after cancel the crime of whoring is whoring behaviorinto the regulation of rape, and provisions for rape to adjust; Differentiate between the crimeof whoring with child molestation, classified according to the crime of whoring behaviorcontent; Finally Suggestions from the Angle of criminal procedure law gives the victim forcompensation for mental injury, and endowed with right of claim is presented suitableconditions. Part IV：this part is the conclusion, through the comprehensive carding on the crime ofwhoring after, its insurmountable defects in theory, lead to appear various problems inpractice, should cancel the crime of whoring conclusions.