| The girl sex crimes is as a separate in1997, it is classified in Disturbing social ordercrime. In recent years, as the girl sex cases continue to occur, it holds a great challenge for thepublic.The case of Chen Zaipeng who was principal of Hainan Wanning primary school andFeng Xiaosong who was Housing Authority cadre opened room with girls once again pushedGirl sex crimes to the cusp.Quite a few people think lawmakers have prejudice against the girland the punishment is too light, so they proposal to repeal this regulations.Based on theanalysis of the offense, in recognition of the offense has some rational, this article point outpotential problems in order to achieve the purpose of better protecting young girls.This paper is divided into four parts:The first part is the analysis of the crime of the girl sex crimes and legislative situationabroad.Through the analysis of the behavior subject, objective behavior and the results, formof liability to accurately define the behavior mode of girl sex crimes, and accurately define thebehavior mode of girl sex crimes. Among them, in the analysis of objective behavior, wemake strict limits on obscenity and must excluding those without serious indecency.At thesame time, by comparing the related legislation and other countries and regions, proved girlsex crimes exists with certain rationality, in contrast to come to a reasonable draw, therebyfurther improving legislation.The second part is an analysis of dispute, including commitments for young girls, legalinterests, inconsistent crime. In theory, for the young girls of the "promise" to be analyzed.Many people think that the word “whoring” equals to admitting a girl under the age offourteens’ right of prostitution, which contradicts the subjective conditions in theory ofcriminal law and raping a Girl under the Age of Fourteen, misleading people into thinking thata girl under the age of fourteens are prostitutes. This is the discrimination to those a girl underthe age of fourteens with“moral defects”. However, in this paper there are some differentviews.Many people think,"prostitution" tantamount to admitting that young girl withcommitment, in contradiction with theory and the subjective elements of crime of carnalknowledge of a child, it brings misleading, prostitution and ordinary young girl is statutorydistinction of such statutory moral discrimination.Have rights violations under the fourteensno contradiction between girls, Whether gender freedom and a girl under the age of fourteens are willing to perform sex.The crime punishment is higher than that of the crime of rape is thebest proof. The commitment is divided into superficial commitment and substantialcommitment，girl’s promise is the promise of superficial commitment. It is only a componentof girl sex crimes,in fact, it is contrary to the substantial commitment. Secondly, for theanalysis of the legal interest of crime, excluding the development of the personal right.Thedevelopment of the personal rights as a part of the legal interest of the crime,which means thatthe criminal responsibility of young girl next the worst survival state, this will undoubtedlyadd to the behavior of human responsibility.Finally, comparing legal punishment of statutoryrape crime and prostitution,the maximum statutory penalty is far lower than the crime of rape,in has the aggravated plot, more bad behavior is not punishment, in violation of the principleof suiting punishment to crime. Along with the aggravating circumstances, more bad behavioris not punishment, it violate the principle of adapting to the crime.The third part is the analysis of the girl sex crimes in the theory of interpretation.Firstanalyzes the main points of two crimes mutual exclusion theory, then through the question ofapplicable scope of substantive standard and error to illustrate this theory unreasonable.Thenthrough the critique of " heavy method is better than the light law ", it adheres to the principleof " special law is superior to common law ". In the event of aggravated circumstances, girlsex behavior is still the girl sex crimes to conviction and sentencing.The fourth part of the paper demonstrates the girl sex crimes plays the role of the originalpurpose of the legislation, and the girl sex behavior should be given punishment.Butconsidering the criminal policies and defects of crime, suggestions will begiven statutorycrime in236as one of236th children, renamed the sexual assault crime toddlers and addaggravating circumstances, and increase the punishment of the crime. |
PDF Full Text Request