Study On Several Problems Of Whoring With A Girl Under The Age Of14

The intensive controversy beginning from the establishment of crime of whoring girls under14years old has been continuing without interruption in ten years. From the generating process crime of whoring girls under14years old had a positive meaning, but when it was implemented in practice serious problems happened and it did not play a good social effect and. legal effect. Because of defects in the judicial practice of legislation it generated a lot of problems. Many scholars have attempted to explain the theory from the perspective of crime of whoring girls under14years old more reasonable, but the process of implementing the offense still has a lot of problems to solve. Whenever a case occurs, it will cause great social controversy.On October24th,2013, the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, the Ministry of Justice four departments issued "on the punishment of sexual crimes by minors opinion",which made more stringent regulations on the sexual behavior of minors, especially compressed for the age of crime of whoring girls under14years old (compressed to between twelve to fourteen years of age).Therefore the scope of crime of whoring girls under14years old is very small, and basically crime of whoring girls under14years old is in the frozen state.Based on the presence status of crime of whoring girls under14years old, I believe that the offense should be repealed in due course. After the abolition of crime of whoring girls under14years old, how to protect young girls better is just beginning. Drawing several existing ideas, I analyze the way to how to fill "the vacuum" and make my own views.This paper is divided into the following four parts:The first part discusses the process of crime of whoring girls under14years old, including legislative background, the legislative purpose, and I believe that the original intention of setting up crime of whoring girls under14years old has positive significance; then explores crime of whoring girls under14years old related to the " observations "," prostitution "," obscene "and other related concepts, with a view of what is the behavior of whoring girls under14years old in accurate.The second part, by analyzing the constituent elements of crime of whoring girls under14years old, which elicits the main problems existing in crime of whoring girls under14years old currently and makes combined with the author’s own understanding of these problems in depth discussion.The third part, based on the presence of crime of whoring girls under14years old that cannot solve the problems, so this part of the analysis of whether the crime of whoring girls under14years old should be abolished, and effects from the implementation of its own problems, China’s national conditions, the four international environment aspects that present a better way is to use the legislation to be repealed crime of whoring girls under14years old.The fourth part, after the abolition of crime of whoring girls under14years old, I analyze that which way can protect young girls better using the legitimate interests of the ways.