The Problems And Its Measures Of The Crime Of With A Girl Under The Age 14 In The Judicial Application

As the 12th session of the National People’ s Congress convened, crime of whoring with a girl under the age 14, battle once again into the limelight. In July 2013,the supreme people’s court to reply to a representative of National People’s Congress a advice about "to abolish the crime of whoring with a girl under the age 14" clear "completely agree to abolish the crime". (Criminal Law Amendment (9)》 is still on the revision, the crime of whoring with a girl under the age 14 future is still uncertain. Throughout the years of whoring with a girl events from "Guizhou Xishui Case" to "HaiNan Wanning Case" to "Sichuan Qionglai Case" and so on, public sensitive deeply touched by every case exposure In March 2015, in the "Sichuan Qionglai Case" Qionglai court judge the whoring behavior of the two defendants to rape, the decision to echo the supreme people’s court for the abolition of the crime of whoring a reply. But some scholars question the Qionglai court’s judgment seems to have a policy orientation. There is no denying the fact that crime of whoring with a girl under either theoretically or judicial practice do exist some shortcomings, but the principle of a legally prescribed punishment is the most basic principles of criminal law, any judgment cannot violate the cognizance crime the highest standards. Obviously, the overhead crime of whoring with a girl under the age is not the best way to settle the dispute. The author thinks that only the scientific and objective analysis of crime of whoring with a girl under the problems on theory and practice, to find a more effective way to protect a girl under the age of sexual rights.This article is divided into four parts altogether:The first part summarizes the research background and significance, research methods of the articles.The second part of the crime of whoring with a girl under the age 14 the aspect of legislation background and criminal element of the system analysis, points out that the existing problem in the theory of the crime of whoring with a girl under the age 14, and lists the area outside China and Hong Kong, Macao and Taiwan regions in punishing whoring behavior and some relevant laws to protect young women’s sexual rights, part of article proposes measures to perfect the crime of whoring with a girl.The third part analysis of the "Guizhou Xishui Case" and "Sichuan Qionglai Case", finding out problems that exist in the crime of whoring in judicial practice, and it is concluded that the root cause of two different connection with the case sentenced.The fourth part focus on the problems of the crime of whoring with a girl in the judicial practice, the author put forward the strict liability for perpetrators subjective cognizance, sex offenders announcement and registration system and introducing social workers to the victim for psychological counseling and other ways to improve the practice of the crime of whoring with a girl under the defects.