“援交”现象背后的法律拷问——基于日、韩及我国台湾地区的比较研究

"Compensated Dating" Phenomenon behind Legal Thinking Based on Study of Japan,Korea and Taiwan China Comparative

在我国当前语境下,"援交"实为学生"卖春"的代名词,其虽在形式上与传统卖淫有所差异,但究其实质仍属卖淫。"援交"现象已悄然成为我国社会一个不容忽视并亟待解决的问题。但"援交"现象的社会危害性尚未真正引起人们的重视,突出表现在我国法律应对"援交"现象的无力———无论在刑法层面,还是特别法层面,都存在"漏洞"或"空白"。通过对我国"援交"现状和对日韩、台湾等国家和地区的比较发现,应对"援交"现象,既需要更新刑事政策,也需要弥补法律漏洞,同时还要制定针对"援交"现象的特别法。

The phenomenon of ＂compensated dating＂ quietly However, our society can not be ignored and must be resolved. The empirical research carried out for the phenomenon found in our current context, compensated dating is for the students ＂Maichun synonymous, although in form with the traditional prostitution vary, but their essence is still prostitution; however, compensated dating phenomenon the dangers have not yet really caught people＇s attention, and highlighted the weakness in our legal response to the phenomenon of ＂compensated dating＂ - both in the level of criminal law, special law level, there are ＂ loopholes＂ or ＂blank. Update the criminal policy of compensated dating problems, to make up for the loopholes in the law, to develop a special law is the only way to solve the problem.