引诱、容留、介绍卖淫罪法定刑配置检视

A Review on Allocation of Statutory Penalty for Prostitution

罪刑法定原则、罪刑均衡原则以及刑罚预防犯罪的目的决定了法定刑的配置应当遵循明确性、适正性、匹配性和谦抑性原则。引诱、容留、介绍卖淫罪的法定刑违反刑罚配置原则,造成刑法预期与现实的严重脱节,立法机关或者最高司法机关应当在各自职权范围内调整法定刑或者严格适用较高法定刑。

The principle of legality and the principle of balance between crime and penalty as well as the purpose to prevent crimes identify the principles of clarity, appropriateness, compatibility and humility in allocation of statutory penalty. The statutory penalty for crime of luring, sheltering or introducing women to engage in prostitution goes against the penalty allocation principle, which lead to disconnect between the criminal law and the reality. Within the range of their own functions and powers, the legislature and the highest judicial organs should adjust the statutory penalty or apply the higher statutory penalty strictly.