A New View On The Crime Of Juvenile

There exist many difficult problems in criminal law theory and judicial practice about the crime of Whoring young girls and these problems have been amplified in today’s special social real conditions, causing fierce critics and doubts against the crime of Whoring young girls. Finally most scholars and people choose aside as to abolish the crime of Whoring young girls. Since 2008, there have always been motions to abolish this crime in "two sessions" and relevant state organs have responded positively to this. Thus, it is an urgent thing to put forward an interpretation toward the crime of Whoring young girls and also it is very important to discuss the necessity of the crime’s existence.The predominant domestic theories about the relationship between the crime of Whoring young girls and the crime of Fornication with young girls are "special lapping of legal provisions theory", "part of lapping of legal provisions theory"," imaginative joiner theory" and "exclusive relationship theory". Every theory has its own rationality, but each also has its own inborn defects no matter theoretically or practically. Based on traditional criminal theory, together with the concrete performance of criminals about sexual assault on young girls, it is reasonable to interpret the relationship between the crime of Whoring young girls and the crime of Fornication with young girls as overlap of article of law. The crime of Whoring young girls is a special regulation of the crime of Fornication with young girls, and the core distinction between these two crimes is whether the assaulted girl has the "de facto sexual consent capacity". The most special quality of the crime of Whoring young girls is that the assaulted girls has de facto sexual consent capacity but does not have de jure sexual consent capacity, while those assaulted ones in the crime of Fornication with young girls have neither of those two sexual consent capacity. Both the degree of social harmfulness and subjective malignant of the crime of Whoring young girls are less than that of the crime of Fornication with young girls, so the former is the lighten regulation of the later. Based on the general criminal logic of "conviction-sentencing", the principle of legality and the need of respect and protect human rights, when concurrence of these two crimes happens, we should be in strict accordance with the principle of "special law is superior to the general law".In the legislation, the abolition of the view on the crime of Whoring young girls reflects its bottleneck problem in criminal theory and judicial application, to a certain extent. But one the behalf of comprehension justice and balance, the abolition of the view are still lack of persuasiveness and also needs to be debated. When analyzing the moral foundation of the establishment of the crime of Whoring young girls, we should coordinate the relationship between law and morality, and take account of both the injured girls and the offender’s moral interests. We can solve the theoretical conflict of the crime of Whoring young girls and the crime of Fornication with young girls by coincidence of articles and valid consent theory reasonably. At the same time, we can’t deny the rationality on the legislative factors as a result of the improper judgment on judicial factors. What’s more, we shouldn’t regard the other reasons of the rationality on its unrelated setting as the reason for the abolition of the crime of Whoring young girls. The setting of the crime of Whoring young girls is the inevitable result on different evaluation which includes the social harmfulness of the various types of cr(?)es and the subjective malignant of the criminals. Its also the actual requirements to the criminal for accurately sentencing and convicting. But there exists no special setting on the crime of Whoring young girls and the crime of Fornication with young girls. And it has a serious influence on the rationality of the punishment to the criminal and shakes the basis of the crime of Whoring young girls. In order to realize the proper punishment to Fornication with young girls be coherent in crime and punishment. We should be based on the social harmfulness of the crime of Whoring young girls and accord to the right disposition of overall structure in the Penal Code and the staring point of the crime of Whoring young girls to three years in prison.