The Relationship Between The Crime Of Whoring With Young Girls And Statutory Rape Crime

Since the girl sex crime was separated from China’s criminal law of rape in 1997, it has been controversial. The girl sex crimes pushed the cusp of public opinion, once again aroused the attention and controversy crime. The main bone of contention is the Penal girl sex crimes under Article 360 if there is need to exist and how to deal with girl sex crimes and the relationship between the provisions of Penal Code section 236 for rape, girl sex crimes for controversy, mainly in theoretical circles discuss two aspects of interpretation from legislative changes and legislation. On the terms of the legislation, perhaps there is no need to rape young girls in addition to a separate type of rape girl sex crimes. However, since the current legislation retained provisions girl sex crimes, in order to avoid criminal legislation and criminal justice disjointed embarrassing situation, we need to carry on the relationship between the two sentences to explain.Explaining the relationship between the two crimes, in theory, competing mainly around the exclusive relationship and the relationship will be discussed. Girl sex crimes exclusive two crimes relations scholars as "the victim consented to the ability to" methodological basis for starting to explain the provisions of Article 360 of the Penal Code and the Penal Code section 236 provides the relationship between the crime of rape, that the lack of valid consent is rape young girls rape crime Elements of the elements, it is a valid consent Elements girl sex crimes elements. Consent in the case of young girls, young girls rape rape object type can only be young girls do not have the capacity to consent, and the girl sex crimes object is to have the capacity to consent of young girls into prostitution. Appear in girl sex acts such as "girl sex vile; girl sex multi player; girl sex in a public place in public; and two or more turns Observations; the result being injured girl sex, death, or cause other serious consequences. " girl sex crimes only to be convicted and punished. Because of this interpretation of whoring behavior is difficult to make a reasonable definition of patterns of crime girl sex crimes are difficult to judge, there will be co-exclusive contracting phenomenon, especially young girls into prostitution advocates agree that the ability to have an effective and efficient general lack of young girls agree on girl sex behavior is a serious situation Shi hai girl sex crimes to the interpretation process, is not supported by our present, most scholars.In competing for explaining the relationship, whether it is to imagine a competing theory or Coincidence of Law Article old theory, "the special general method is better than the general law" and "the method is better than light method," explains ways to deal with the relationship between the two crime this interpretation has a certain degree of rationality, but "prostitution sex", "prostitution", "Observations behavior" is not clearly defined and legal punishment of two crimes amount set questions on criminal law, this interpretation may be overhead girl sex crimes, adverse legislative and judicial practice unity, may also cause some problems, and so the ideological trend. Lapping of Legal Provisions ostensibly on charges of selective application, in fact, constitute the elements of the elements of compliance determination. The existence of the criminal law 360 Carnal Knowledge type rape girl sex crimes and the provisions of Penal Code section 360, paragraph 2, of the provisions of the criminal object, object of crime, criminal means, content offenses, crime and other criminal aspects of subjective knowledge elements Elements a clear distinction. Through policy on the protection of minors, the laws, regulations and girl sex crimes and the rape Carnal Knowledge constitution of crime factor analysis, this paper relationship girl sex crimes and rape crime of Carnal Knowledge interpreted as a special relationship Lapping of Legal Provisions Penal Code 360 Carnal Knowledge rape crime relationship is not the whole clauses of concurrence girl sex crimes and the provisions of Penal Code section 360 provisions of paragraph 2, but only 360 girl sex crimes criminal law provisions of paragraph 2, and Founded clauses of concurrence between 2 236 of the Penal Code. At the same time, limit the application of girl sex crimes, the crime of objects is limited to twelve years of age or under 14 years of age into prostitution slip girl, and Observations on behavior is limited to Kouyin and sodomy, masturbation excluded from the offense. Observations twelve years of age for the average age of fourteen young girls into prostitution behavior, girl sex crimes should be convicted. However, when less than twelve years of whoring young girls in prostitution or acts of serious situations(occurrence of sexual relations and prostitution of young girls), such as "girl sex vile; girl sex people; and in public places in public girl sex; two or more turns Observations; the result is girl sex serious injury or death or other serious consequences, " the defendant apply Penal Code section 236, paragraph 2, paragraph 3, in order to be convicted and punished for rape. This interpretation is not only to avoid the existence of a mutually exclusive relationship But also to give a reasonable explanation of the phenomenon and solve the controversy and doubt faced by the explanation of "The special law is superior to the general law as” and “the method is better than light law"...