对幼女性法益的法律保障研究

Legal Protection of the Interests of Underage Girls

幼女的性法益是现代人权保护的重要内容,但是,中国法律制度尤其是刑法在保护幼女性法益方面仍然存在着一些问题。文章希望通过分析幼女性法益的特征、幼女性法益的法律保护标准来检讨中国法律对幼女性法益的保护状况,探讨在废除嫖宿幼女罪以完善幼女性法益的刑法保护的同时,加强对中国社会管理秩序维护的最佳方案。

How to protect the interests of underage girls by law is an important issue in the protection of human right in modem times. However, there are still problems in Chinese legal system, especially in the criminal law, in protecting the interests of underage girls. This article examines the legal specifics of the interests of underage girls, and identifies shortcomings in the protection of the interests of underage girls by the Chinese law based on a review of the legal protection standards applied to the interests of underage girls in dif- ferent systems under both the common law and the civil law traditions. This article explores ways to remove the offence of having com- mercial sex with underage girls in order to protect the legal interests of underage girls as well as to safeguard social order and public security.