The Research On Whether To Develop Or Abolish Crime Of Whoring Girls Under 14 Years Old

With the crime of whoring with a girl under 14 applyed in the judicial practice, the controversy is appeared constantly, the debate about this crime reserving or abolishing is furiously. This article criticize the crime of whoring with a girl under 14 by the legislative and judicial problems and criticism of the reserved theory, drawing a conclusion the crime of whoring with a girl under 14 crime should be abolished.This paper is structured as following:The first part introduces that the crime of whoring with a girl under 14 lack legislative uniqueness, separate cause chaos system and the specific provisions of criminal law crime of whoring with a girl under 14, the penalty rules lead to the unequal three aspects demonstrating the offense crime of whoring with a girl unde14 and the existing legislation defects, argues that crime of whoring itself do not conform to the requirements of the criminal legislation.The second part focuses on the difficult of the crime of whoring with a girl under 14 in the theory of the three main theories, the contact of the defects is mistake, and agree with ability to acknowledge prostitution female have sexual discourse on contradiction; The establishment of crime of whoring with a girl under 14 can’t realize the girl under the age of special protection; The establishment of crime of whoring with a girl under 14 would lead to the stigma of the girl.The third part discusses that the crime of whoring with a girl under 14 has judicial predicament, the judicial practice of female and female prostitution when a reasonable definition of consent sexual ability; The establishment of crime of whoring with a girl under 14 will lead to negative social evaluation and damage the judicial authority.On the basic of analyzing of the necessity and feasibility of crime of whoring with a girl under 14, we point out that crime of whoring with a girl under 14 should be abolished. And what’s more, this kind of crime should be included in Rape. From the point of the criminal law should be revamped into " Whoever has sexual intercourse or whoring with a girl under 14 shall be deemed to have committed rape and shall be given a heavier punishment. " By this way, it can realize and play a role of prevention more effectively.