A Study On The Indirect Principal Offender Of Rape Of Young Girls

Young girls under the age of 14 are in the incomplete stage of mental development,lacking the basic cognition of sex and the ability to distinguish things,and are extremely vulnerable to crime.With the abolition of the crime of adultery against young girls in 2002 and the crime of whoring with young girls in 2015,directly evaluating the behavior regulated by the two crimes in the crime of rape means a step forward to the unified protection of the sexual rights of young girls.However,the existence of the crime of luring young girls into prostitution makes the evaluation scope of other crimes involving prostitution still include young girls.Under this setting,although the prostitute has established the crime of rape according to law,the prostitute promoters in the same behavior process constitute a lighter one.Including young girls,the protection of legal interests of prostitution-related crimes values society over individuals,and the setting of inter-crime system is unreasonable.China’s criminal law is not strong enough to crack down on prostitution promoters,and the criminal law protection of young girls’ sexual rights is obviously insufficient.Traditional criminal law theory holds that rape is a typical crime committed by oneself,which falls into the misunderstanding that there is no Indirect guilt.Just like using men and mental patients under the age of 14 to violate the sexual rights of young girls,using a prostitute who doesn’t know about young girls to rape young girls is an Indirect guilt who uses the subject who does not constitute a joint crime with himself to achieve the criminal purpose.Under normal circumstances,Indirect guilts commit specific criminal acts and infringe on specific legal interests by using persons without criminal responsibility or intentional persons without purpose in non-personal crimes.In the rape crime of raping a young girl,if the client has fulfilled his duty of care,he does not know that the client is a young girl.At this time,because the client lacks the criminal intention of rape,it does not constitute rape.In the absence of the perpetrator,it is against the basic theory of accomplice subordination to punish the adulterer for violating the sexual rights of young girls with the instigator or helper of rape.However,at this time,the prostitute promoter used the ignorance of the prostitute to the young girl and the asexual commitment ability of the victimized young girl to infringe on the sexual rights of the young girl and obtain sexual exploitation benefits,which fully conforms to the structure of Indirect guilt,and should be punished as rape.Therefore,in order to protect the sexual rights of young girls equally and severely crack down on the sexual exploitation of young girls,the crime of luring young girls into prostitution should be abolished,and young girls should be completely excluded from the targets of crimes involving prostitution.However,in the case that the promoter of prostitution does not know the young girl,according to the principle of unity of subjectivity and objectivity,the young girl should be abstractly evaluated as a woman,and the promoter of prostitution should be punished according to the corresponding crime involving prostitution,rather than not constituting a crime.