嫖宿幼女罪再思考——一种国际公约的视角

Rethinking of Crime in Whoring with An Underage Girl: From a Perspective of Applying International Covenants

嫖宿幼女罪自其设立之时就在学者中间存有争议,近年来发生的几起影响较大的嫖宿幼女案,更将争论推向社会各界。在这些争论中,更多的意见是废除嫖宿幼女罪,将嫖宿幼女并入奸淫幼女,以强奸罪论处。从国际公约的视角来看,嫖宿幼女罪的罪名确属不当,然而,将嫖宿幼女合并于奸淫幼女的意见也值得商确,事实上也难以实现。综合考虑各种因素,建议废除嫖宿幼女罪,将嫖宿幼女当作强迫幼女卖淫,以强迫卖淫罪论处。

Crime of whoring with an underage girl, which caused debates among scholars during its establishment in penal code, has recently led to debates among people from all walks of life because of some well-publicized cases. More hold to repeal the crime of whoring with an underage girl, to incorporate it into the act of having sexual intercourse with an underage girl and to punish it as a crime of rape. From a perspective of applying international covenants, the claim of crime in whoring with an underage girl is indeed inappropriate. However, it is also incorrect to combine whoring with an underage girl with raping an underage girl. Considering all situations, it is the only fight approach to repeal a crime in whoring with an underage girl and address it as a crime of forcing a person into prostitution.