The Abolition Of The Crime Of Whoring Girls Under The Age Of14

The Crime of Whoring girls under the Age of14is a newly established Crime inthe establishment of the Criminal Code in1997, this transformation is based on thespecial social reality at that time. The purpose of the legislators is crackdown thecrime and protect the girls, but what unexpected is that it caused a lot of controversyin the beginning of the establishment. Since the Case of Whoring Girls under the Ageof14in Guizhou Xishui is broke, frequently whoring and rape cases in recent years,expand the problem from the academic theory to the field of social, lead the publicquestioning this charge. Current research about this crime is under the premise ofcurrent criminal law, try to explain the crime in the theory of interpretation, andprovide the basis for the application of the crime of whoring girls under the age of14.The author carried on the related research of the key question of the public about thecrime, trying to overturn the “reasonable” basis of the crime of whoring girls at thetime of the establishment of this crime, overthrow the establish of the crime ofwhoring girls, not only did not protect the girls, but also caused a lot of socialproblems, and these problems can not be solved in the theory of interpretation. So theauthor advices the crime of whoring girls under the age of14should be merged intothe rape on legislation concerning, and should be directly punished in accordancewith the rape.In addition to the introduction and conclusion, the body part is divided into fourparts:The first part attempt to seek the reasonable legislative basis of the establishmentof the crime of whoring girls under the age of14at the time of this crime wasestablished. This part mainly includes two aspects, firstly analyze the relationshipbetween the crime of whoring girl and the rape, and summarize the doctrine about therelations between these two crimes. Secondly explores the other legislation reasonswhen set up the crime of whoring girls under the age of14, then found the"reasonable" basis to set up the crime of whoring the girl under the age of14. The second part through the study of the basic principles of criminal legislationand so on, obtain the judgment to judge whether the set up of the crime of whoringgirls under the age of14is reasonable, this part mainly includes six aspects of thestandard, including the reasonable principle of criminal legislation, the scientificprinciple, the protection of the legal interests, declare and confirm function of thecriminal law,containment of the harmful behaviors, Conform to the current socialpsychology.The third part using the standard to evaluate whether the Crime of whoring girlsunder the age of14is reasonable, then criticize this crime in the legislativeperspective, reveals the deficiencies of this crime in all aspects, Pointed out thenecessity of abolish of the crime of whoring in the legislation.The fourth part summarize all the above, Cited several major girl sex cases,and then analysis the conviction and sentence of these cases, get the feasibilityanalysis on the public base and legal basis of punish the crime of whoring as the rape.At last, point out that we should cancel the crime of whoring girls under the age of14,classify the action of whoring girls to rape, and revise the criminal code236in theform of amendment.