| There are a lot of arguments about whoring with girls under14since1997whenthe crime was established separately. And the arguments become more intensecoupled with a series of sexual assault cases towards girls under14. The topic of thispaper is the illegitimacy of whoring with girls under14. Exploring the bone ofcontentions about this crime, so that this paper could indicate the root of illegitimacy.Resolving related disputes and making up for the defects so as to improve the futurelegislation are the objectives of this paper.This paper is made of four parts:The first part describes the beginning of the illegitimacy of whoring with girlsunder14. In this part, two portions are put forward:1.Introduce the background ofthis crime;2.Reveal the influence of criminal policy of“cracking down on crimeâ€andlead to the bone of contentions of whether whoring with girls under14is legitimate ornot, and the penalty of related crime.The second part discusses the focus of the illegitimacy of whoring with girlsunder14. Depending on whether there are aggravated consequences, this part isdivided into two sections. By comparing the differences of penalty between the act ofwhoring with girls under14and rape, this paper draws a conclusion that the penaltyof whoring with girls under14is more severe.The third part indicates the root of illegitimacy of whoring with girls under14. This part is divided into three portions:1.the definition of legitimacy;2.“promiseâ€ofgirls under14;3.the pseudo-concept—prostituted girls under14. Through discussingthese aspects, this paper is intended to illustrate that prostituted girls who can only beraped don’t exist and the root of illegitimacy is the pseudo-concept.The fourth part is intended to solve the problem of the illegitimacy of whoringwith girls under14. This part is divided into two portions:1.Comment on the twosolutions:“perfectingâ€and“invalidatingâ€;2.Reposition of whoring with girls.Excluding this crime from juridical practice essentially by the way of judicialinterpretation and classifying the act of whoring a girl as rape are the conclusions ofthis paper. |