Legislative Criticism And Proposals Of The Crime Of Whoring A Girl The Age Of 14

The girl sex crimes is from the rope, it is as a separate crime in 1997,it is attributable to the obstruction of the social management of order.With the development of society, the girl sex offense crimes by separate causes many problems, more and more disputes are arising.The case of "Gui zhou Xi shui" is as the starting point of the paper, the paper will probe into the shortcomings of the legislation of girl sex crime and the troubles of the administration of justice, through the comparative study of the sex acts of young girls, the paper will put forward the proposed changes of the girls sex crimes, in order to develop and improve the legislation of the criminal.This article is divided into four parts:The first part is to recall the case of "Gui zhou Xishui", and to review the focus of the dispute, thus to the leads to the analysis of the crime of girl sex. Though the semantic analysis and historical analysis of the girl sex crime,it is helpfull to understand the girl sex crimes preliminarily and to interprete the crime of the girl sex in the new and deep perspective.The two part is to criticize the crime of the girl sex in the legislative perspective. It is divided into four parts. Firstof all, in the perspective of the constitutionalism, the institute of the girl sex crimes means to paste the label of the prostitution to the young girls. It is both a kind of discrimination to the prostitution girls in hard life and a kind of injustice to the girls who have no the abilities of sex commitment, it goes against the equal right of the constitution. Secondly, in the perspective of the basic spirit of the criminal code, the social harm to the act of the raping young girls is more serious than the social harm to the act of whoring the young girls, but the sentence of acts of raping young girls is lower, it causes unbalanced offense and it is violation of the principles of statutory crimes. Thirdly, in the perspective of the legislative technology, the raping young girls and the whoring young girls have the same criminal constitution, but they belong to different sections of the criminal law, it goes against the legislative coordination. Finally, in the perspective of the practical reason, it is difficult to distinguish young girls in prostitution from the young girls, so the same behavior may be prosecuted for a different verdict, it is not conducive to the realization of justice. The third part is about the provision of the sex act with the young girls in the current world, through the induction of common characteristics and summary, the author will have Chinese legislation on Reflecting, and point out that most countries do not separate the act of whoring young girls from the act of raping young girls,the provisions of the girls sex crime is contrary to the world development trend of the law, we should reflect deeply.The last part is about the elaboration of theoretical perspectives and comparative analysis of the legislative disposal of the girl sex acts, the author points out the girls sex crimes should be abolished to subsume the rape. At last, the author brings up the amendment act of the crimes of the girls sex and modify the second paragraph of 360 in the criminal law:the prostitution of the young girls in fourteen should be punished as the rape severely.If the act of the prostitution of the young girls has one of the following circumstances, the actors will be sentenced 10 prisonment, life imprisonment or death:l.The plot of the prostitution of the young girls is very bad.2.The acts of the prostitution is about many young girls.3.The acts of the prostitution of the young girls happen in a public place.4.Two or more people prostitute the young girls together.5.The act of the prostitution of the young girls causes the victims serious injury, death or other serious consequences.