| In recent years, the society of “fuck†and “buy in†adverse wind, whoring casehappen. Guizhou from civil servants whoring case,Yibin in national tax bureau chiefwhoring, Quanzhou vocational high school principal case whoring,Shanxi,YunnanYang judge whoring case was cadres whoring in cases of exposure is enough to showthe seriousness of the problem.And whoring behavior person the identity of the form isdiversiform, teachers,cadres,village officials,entrepreneurs,judicial workers etc.,theeffect is very bad.This phenomenon is not only caused the social attention,alsocontributed to the law on the crime of whoring with a girl under the age of criminallegislation of reflection,and legal workers questioned by some scholars in the criminallaw and the rationality of the crime of whoring with a girl under the provisions for thecrimes,whoring behavior as well as other rape girl behavior into the category of rape.At the same time,the criminal law educational world to crime of whoring with a girlunder the age of the current criminal law defended his voice is also very strong.Andscholars advocated by active judicial relief of criminal law provisions of the crime ofwhoring with a girl under the age of irrationality in the judicial application.At that time,about the crime of whoring with a girl under the age of dispute shows a tendency ofpublic and shiva struggle.Law that differ attitude to crime of whoring with a girl underthe age of unsolved problems become a theory.Combining with case analysis,using therelevant theories of hermeneutics and the method of comparative study,the issue ofcrime of whoring with a girl under the age of in-depth discussion, and proposed theabolition of crime of whoring with a clear-cut stand, and the young women protectionlegislation put forward its own Suggestions, in order to contribute to maintaining girl’sphysical and mental health.The full text of about twenty-three thousand words,in addition to theintroduction,is divided into three parts.The first part is to analyze the crime of whoringpresent situation and problems inthe judicial case by case and related data illustrates the serious situation of domesticcrime of whoring,analyzes the application of criminal law in the judicial practice theproblems faced by provisions of the crime of whoring,whoring behavior is discussed intoday’s growing. The second part is the focus of this article,the basic proposition of abolition ofcrime of whoring.First battle over the crime of whoring to save waste for carding andevaluation,in an overview of the domestic “crime of whoring retain theory†and“theory of crime of whoring cancel†both the basic viewpoint and the argument ofscholars on the basis of the emphasis on the rationality of the two position problem, putforward the basic proposition of himself.Papers from the crime of whoring with a girlon the legal basis for the lack of protection,favorable pupils Angle,difficulties ofjudicial application and move the limits of the judicial aspects to explore the necessityof abolition of crime of whoring,through the theory of crime constitution crime ofwhoring and the relationship between rape and reasonable definition,and using theknowledge of competition law,with the related rules of hermeneutics to refute theexisting theory of new reserves,demonstrates the idea of abolition of crime of whoringwith a girl.The third part is put forward to build solid line of prevention young women toabuse some Suggestions,claims from the legislative source address the shortcomings ofthe crime of whoring,whoring behavior in criminal law into the statutory rape behaviorregulation,set up the crime of statutory rape,draw lessons from foreign effectivepunishment at the same time,build a strong prevention young women of the strongdefense,the maximum protection of the girl’s physical and mental health. |
