Refuting The Abolishing Theory Of The Crime Of Whoring With A Girl Under The Age Of Fourteen

Since criminal law sets an individual crime of whoring with a girl under the age of fourteen, almost all the research about it criticizes this crime in different aspects, even many scholars put forward that it violates the legislative intention of protecting young girls so that legislators should abolish it and make such kind of behavior be accepted into the provisions of fornication with an underage girl of the rape crime. However, through analyzing the legislation evolution of the behavior of whoring with a girl under the age of fourteen, we can see that the setting of this crime is not mainly for protecting young girls, but for determine this kind of behavior more accurately. The essential differences in the object and the subject of the crime, the subjective elements and the objective elements of the crime between whoring with a girl under fourteen and fornicating with a girl under fourteen, proving that on account of the peculiarity of its criminal constitution of crime, there is rationality and necessity to set this crime independently. On the other side, because the penalty setting of this crime lacks of horizontal comparison with other crimes and the word of "whore" is not rigorous, causing that the setting of minimum statutory penalty cause legal logical paradox and the word’s meaning does not meet the real situation. Therefore, on the basis of comparisons of provisions and logical deduction, it should adjust its minimum statutory penalty to three years in prison (the same as rape crime); make a restrictive explanation of "whore" in the way of judicial interpretation, or just change the name of the crime.