嫖宿幼女罪取消论

On Abolishment of the Crime of Whoring with a Girl under the Age of 14

嫖宿幼女罪的设置,是立法上的一个失误。从犯罪构成角度讲,嫖宿幼女和奸淫幼女是完全相同的,刑法没有必要将二者分别论罪。为了利于维护幼女的人身权利,立法应取消嫖宿幼女罪,将嫖宿幼女作为奸淫幼女的一种情形,以强奸罪论处。

Setting up the crime of whoring with a girl under the age of 14 is one of errors in legislations.It is no necessary for criminal law to establish behavior of whoring with a girl under the age of 14 and having sexual intercourse with a girl under the age of 14 crime,because they are the same from the angle of constitution of crime.In order to protect girls＇ rights of the.person,the crime of whoring with a girl under the age of 14should be abolished in legislation,and shall be deemed to have committed rape by regarding behavior of whoring with a girl under the age of 14 as one of circumstances of having sexual intercourse with a girl.