Study On The Abolition Of The Crime Of Whoring Girls Under 14 Years Old

Since the crime of whoring with the girls under the age of 14 has became an independent crime, it has been usually disputed over the existence and abolition by the theory circle. As well as social development, there emerge lots of legislative defects in the process of judicial application. In recent years, cases of sexual assault about young girls are attracting widespread attention and discussion. At the same time, the verdict of those cases aroused strong dissatisfaction. Thus, the voice on abolishing it has been released. This paper intends to start from the legislation of the crime of whoring girls under 14 years old, and contract the pros and cons of each view to reveal the legislative defects. Finally, I attempt to prove the feasibility that abolish the crime of whoring with the girls under the age of 14, and throw out suggestion of regulation of crime.This article is mainly divided into three parts to discuss the abolition of the crime:Firstly, it mainly writes about current situation about legislation, difficult issue in application of law, and conceptual conflict. If we want to comment this crime, we must to form an in-depth understanding of it. We need to get the legislative history, analyze the present situation of this crime, comprehend the concept and constitutive elements of this crime. We all know that there emerge lots of problems in the process of judicial application. As the constant development of the society, there appears more and more problems in the application of the crime of whoring with a girl. Young girls did not get the adequate protection of the law and in the event of a violation, but a lot of cases about assault underage girls qualitative insult to young girls and cause social disorder hazards. For the existence and abolition of the crime of whoring with the girls under the age of 14, different people hold different viewpoints. The viewpoints mainly consist of the theory of existence, abolition and interpretation.Secondly, this part is designed to points out the legislative defects, and proves necessary about abolish this crime. There are a great of legislative defects, so lots of scholars adhere to abolish the charge. This part includes five points to discuss the defects of legislation: 1. Although the crime of whoring with the girls under the age of 14 was created to give the girls who are a special legal protection, it depart from the target. 2. As a part of the criminal law, this crime violates the basic principle of criminal law.3. There is self contradiction in the constitutive elements of this crime. 4. There are some similarities and difference between this crime carnal knowledge behavior and thecrime of rape, and the theory of interpretation can’t resolve the conflicts. 5. The crime doesn’t correspond with the sprite of the Convention on the Rights of the Child.Finally, on the basis of the second part, I want to present the manner of regulation that related to criminal behavior, when that crime was been abolished. Through the introduction of legislation outside, we can make ground for the study of China’s criminal law crime of sexual abuse of young girls. Once the charge was abolished, the criminal behavior was still needed to be published according the criminal law. This paper offers a proposal to amending criminal law for better protecting the girls who are week.These criminal behavior were added to the rape and Child molestation.Based on the above analysis,we could put forward to legislative proposals to make our country protect the girl’s physical and mental health much more perfect.