Criminal Law Regulation Analysis Of Sex Trading Behavior With A Girl Under The Age Of Fourteen

Sex is a human subject, which is closely linked to many Chinese is also a difficult topic.Every countries and regions are generally recognized sexual rights is a kind of personal rightsafter the period of the attitude on sex has experienced tolerance, limitation and control.Fromthe point of view of nature, sex not only has attached to the body’s natural attributes，also isclosely related to the marriage and family, descendants of social attributes. Therefore, thesociety will carry on the appropriate control to it. The girl under the age of fourteen due tophysical and mental development is not mature, lack of social experience, the implementationof sexual behavior, the special protection of countries and regions, such as from the legalprovisions on the dissatisfaction of a certain age girls don’t have sex agreed to ability.However, social experience sexual behavior due to various reasons, there is no shortage ofpupils phenomenon exists, the most typical is the phenomenon of female participation trading.Although trading sex with the girl under the age of fourteen has serious social harmfulness,but the domestic academic research about this problem is not been seen much. For the furtherstudy of this phenomenon is not only enables us to face this kind of phenomenon, but also forthe continuous improvement of the criminal legislation and judicial application to provide thereference and basis. Therefore, in-depth study on the system is very necessary. Based on thispurpose, the author collected and access to a large number of data, refer to the rich literature,most cases happened in recent years, In adhering to the concept of the special protection offemale, finished writing this article.This article about38000words, in addition to the preface and epilogue, is divided intothree parts:The first part: defined the girl under the age of fourteen trading behavior from the aspectof facts, and expound and analyze respectively this kind of behavior of the principle part, thesubjective point of view between each other, trading content, medium of exchange elements,which will be studied in this paper with the young women trading behavior is defined as:person in order to meet the needs of its sexual physiological or psychological aspects, withmoney, possessions, other benefits such as valuable things sexual services provided by thespecial purchase girl, and in fact the girl agrees to a sex act. At the same time, based on the analysis of a large number of cases, the characteristics and nature of such behavior arediscussed mainly, and the study of typing.The second part: combed the "criminal law" in China with young women tradingbehavior of legislation regulation and judicial application present situation and existingproblems, and analyzes the reasons of these problems and its possible adverse effects.The third part: The regulation and judicial practice "Criminal law" are insufficient, is notconducive to protect the girl under fourteen. On the basis of investigation of extraterritoriallegislation, and combined with Chinese law and judicial actual situation, the author putsforward three improved suggestions：crime of whoring with a young girl under the appropriatemodification, further standardize the standard of "knowing", make clear the specific means ofprostitution. Hope this article will make contribute to our country criminal law theory ofenrichment, the perfection of legislation and judicial practice.