On The Abolition Of Crime Of Whoring With Girls Under The Age Of14

Huge disputes emerge in determining the nature of the behavior of whoring with girls under the age of14due to the existence of crime of whoring with girls under the age of14(hereafter referred to CWGU14). Those disputes not only exist in academic level, but also severely bond the hands of judicial organs in the aspect of practice. This paper divides into four parts to make a rather rounded analysis and critique for CWGU14, with pointing out the realistic feasibility and necessity of the abolition of CWGU14. This paper supports the abolition of CWGU14at once with concrete contents as follows:In the first part of this paper, the author comes up with disputes through analysis on four constitutive elements of CWGU14. A, as for the element of subject of crime, there is a legislative loophole that the nature of CWGU14could not be determined when a14-16years old male subject committed the behavior of whoring with girls under the age of14. B, as for the element of the subjective aspect, enormous room exists for interpreting "the intention". C, as for the element of object of crime, there are ambiguity and circumstance of putting the cart before the horse when protecting the criminal object. D, as for the objective aspect, issue of the force of promise by girls under the age of14becomes the target of public criticism, and the dispute happens even in interpreting the behavior of whoring itself. All issues above are poignant and irreconcilable because it cannot make sense to CWGU14through the principle of criminal law interpretation.In the second part of this paper, the author analyzes irrationality of CWGU14basing on principle of criminal law. The principle that all people are equal before the law is not only one basic principle established by criminal law, but also the constitutional law. However, the existence of CWGU14impacts and challenges that basic principle. Judicial practice encounters setbacks due to the inequality of application of criminal subject. The inequality of protecting criminal object, as known as the differentiation of common girls under14and prostitute girls under14, is seemed to be "labeling" discrimination to girls under14who is whored with. Also, the statutory sentence of imprisonment of not less than five years of CWGU14is out of balance, severely violating the principle of compatibility of crime, responsibility and punishment.In the third part of this paper, the author proves CWGU14is repelled from judicial department in practice by pointing out the difficulty of application of CWGU14in judicial practice. A, the requirement that behavior must be fully aware of the prostitute girls under14restricts the judicial department strictly. B, CWGU14doesn’t play its anti-crime role during the last17years; the number of sexual assaulting girls under14demonstrates a tendency of rapid growth. C, long-term practice shows the judicial department is loath to convict someone of CWGU14. The latest Judicial Interpretation jointly issued by four departments, and the Reply to Sun Xiaomei, deputy to the National People’s Congress, about her proposal of abolition of CWGU14by Supreme People’s Court, demonstrate CWGU14has been built on stilts inevitably. D, conviction of CWGU14completely in conformity with the principle of legality cannot be accepted by the public and media in most cases.In the fourth part of this paper, the author proves abolition of CWGU14to be a historical tendency by discussing theories of supporting and abolishing CWGU14. After discussion, it can be concluded that arguments of theory of supporting CWGU14are very weak. While irrationality of CWGU14cannot be denied though there is a divergence in theory of abolishing CWGU14in Legislative alternative measures. In the end, this paper concludes that crime of whoring with girls under the age of14should be abolished at once.