The Realistic Difficulties And Study Of Future Development Of The Crime Of Prostituting Girls Under Fourteen

Crime of prostituting girls under14is a new charge added by the CrimeAmendment1997. The crime is regarded as offence of rape before. But, thecontroversies of whether the crime of prostituting girls under fourteen should bereserved never stopped since it has been regarded as an independent crime.Especially, the appeal of abolishing this provision becomes stronger. It is truethat the demerits of this crime can not be ignored in both legal system and socialpractice. The legal purpose of this provision is to protect profit of girls under14.However, the purpose did not realize and a series of new social problems appears.For instance, some scholars illustrated that “prostituting girls under14” isover-general; the provision is too simple and lead the logical contradiction to theinner system of criminal law. They reckon it should be abolished and fall underoffence of rape again. Other scholars hold the opinion that prostituting girlsunder14arouse a lot of problems in legal practice. If used inappropriate, it maybecome Umbrella to avoid legal penalty. Especially relevant cases appearedrecent years, for example,“The case of prostituting girls under14in Lueyangcountry Shan Xi Province”, this case made the controversies fiercer. Of coursesome scholars still hold a positive attitude about this crime; they think theestablishment of this crime has certain scientific significance. The purpose of theestablishment is to protect the profit of girls under14and foster healthy socialconduct. No matter which opinion the scholars hold, analysis of relevant issues ofthis crime is very necessary. Notwithstanding, the justice department issuedrelevant judicial interpretations in succession, in2002“About the interpretationof if subjective aware should be the constitute element of the crime ofprostituting girls under14”, and “About the opinion of lawfully punishment ofsexual assault minors” in2013, however, these relevant provisions still did notsolve the basic problem of the crime of prostituting girls under14. The researchof this legal issue not only has theoretical significance but also have practicalvalue. Especially, during Two Sessions in2014, Zang Tiewei, the deputy directorof the criminal law office in the Legal work of the standing committee of theNational People’s Congress council chamber, gave the clear respond to “theproblem about abolishment of crime of prostituting girls under14” andannounced legislature of National People’s Congress will do the research and diagnose the problem. Therefore, the improvement of this legislation should bebrought up to as early as possible.For this reason, this paper takes “The realistic difficulties and study offuture development of prostituting girls under fourteen” as a theme and its logicthread takes as “Identify and analyze the problems of the crime of prostitutinggirls under fourteen, then, propose the suggestions to this problems”, mainlyadopting systematic analysis, comparative studies, empirical analysis and otherresearch methods to analyze the defects of the crime of prostituting girls underfourteen and to solve them. This paper will help to clarify the official andacademic understanding of the shortcomings of the crime of prostituting girlsunder fourteen. At the same time, we excepting these improvementrecommendations on the crime of prostituting girls under fourteen will play areference role on China’s authorities to improve this crime legislation. Thereby,it will promote the crime of prostituting girls under fourteen to be modified assoon as possible.With the exception of preface, this article is divided into four chapters.ⅠThe jurisprudence analysis of relevant issues. This part starts with thelegislative history of the crime of prostituting girls under fourteen, on the basic ofthe interpretation on the constitution of the crime of prostituting girls underfourteen and the difficult problems encountered in practice to demonstrate thatthe crime of prostituting girls under fourteen do exist some shortcomings. Mainlyin two aspects: on the one hand, there are some loopholes on the crime ofprostituting girls under fourteen among the criminal justice system; on the otherhand, the crime in the judicial application has some difficult points, prone toimproper handling of judicial injustice caused. Therefore, the research of thecrime of prostituting girls under fourteen is extremely necessary.Ⅱ The reasons of abolishment of crime of prostituting girls under14. Thispart specifically analyzes legislative defects and legal loophole of crime ofprostituting girls under14, and will discuss mainly in two parts. The first part isthe recognition rationality of the doctrine of abolition, primarily illustrate in fivepoints.1Conflicted with basic principle of the Convention on the Right ofChildren.2“stigmatization” girls fewer than14are degrade their personality.3Inappropriate uses may become criminal’s “protection umbrella”.4It may belittle the public credibility and deterrent force of the law.5Not only can nothelp resolving force and organize girls less than14prostitution, but also causenew threaten to the young girls. The second part is contradiction of the opinionof keeping this crime, mainly contradict to the opinions without probative forceand have major controversy. Consequently, prove that the amendment andimprovement of crime of prostituting girls under14is extremely necessary.Ⅲ Present Situation and Significance of foreign legislation on the protectionof the rights of minors. This section describes that some foreign courtiers how toconvict the behavior of the crime of prostituting girls under fourteen. It putforward sound legislation proposals for the crime of prostituting girls underfourteen have a certain significant.ⅣThe legislative proposals of the crime of prostituting girls under fourteenThis part is against the aforementioned shortcomings to propose the solutions. Itis mainly divided into two phases. The first phase is the National People’sCongress Standing Committee issuing legislative interpretation to regulate theCriminal Law Article360from a legislative perspective. Clarify boundariesbetween crime of prostituting girls under14and circumstance of rape underagegirls under offence of rape and the crime of child molestation. Phase two, underthe circumstances of the improvement of legislative skills and greatlymodification of the Criminal Law，children’s sexual crime can be fall into thesame crime and become an independent section which can be concluded as“Crime of children sexual abuse”, and put into the chapter of “Infringement ofcitizens’ personal rights and democratic rights”.