The Reflection On Canceling The Crime Of Whoring With A Girl Under The Age Of 14

The crime of whoring with a girl under the age of 14 is the only crime which is abolished by the Amendment IX to the Criminal Law of the Peoples Republic of China on August 29,2015.In fact,this crime is hotly disputed from its birth to its end.The abolishment of the crime brings me the reflection.Firstly,I will reflect on the reasons of the abolishment.On the one hand,the word “whoring” is not a good word.It divides the girl under the age of 14 into the prostitute and the nonprostitute.It is a kind of discrimination by the legislature.On the other hand,the statutory sentences of the crime is not reasonable and cannot be compromised the contradiction with the crime of defiling girls under 14 even by all kinds of academic interpretation of criminal law.In addition,the confusion of the clauses application is very Serious in juridical practice.Therefore,the legislature abolished the clauses in order to handle all kinds of conflicts completely.Secondly,I will reflect on the legislative technique of the abolishment.Canceling the defective clauses cannot destroy the authority of the criminal law.It improves the public identify of the legislative.This active action improves the quality of the legislative.However,there are many procedural questions in the process of revision.For example,the Amendment IX has not been amended by three times and it solicit public opinion not thoroughly.Lack of systematic thoughts,the Amendment IX brings a series of clauses conflicts.At the end,I will reflect on the problem left by the abolishment.There are many problems left in juridical practice.For example,whoring cannot be seamlessly integrated into defiling.And it is not reasonable that the penalty of whoring is the same as that of defiling.And the heavy punishment is not clear.What is more,there are application problems between clauses related to prostitution with statutory rape.If those problems cannot be solved,there will be controversy in juridical practice.I will reflect on the reason,the legislative technique and the problem left of the abolishment of the crime in the article.The reflection is based on the question introduction by means of documentary research.