嫖宿幼女罪废除论质疑

嫖宿幼女罪的存废之所以成为刑法热门论题,主要原因还是公众对于设立该罪名存在的误解。事实上,该罪名并不会对幼女造成二次伤害,也没有量刑畸轻的情况。嫖宿幼女罪与强奸罪保护法益、立法目的和约束的行为都有不同之处,而且顺应了国际立法潮流,有其独立价值。当前主要的关注重心不应当是废除嫖宿幼女罪而是对其进行调整和完善,可以调整法条用语,还要明确与强奸罪之间的刑法选择原则,使其更好地发挥作用。

A Refutation against the Abolishment View Concerning the Crime of Whoring with a Girl under the Age of Fourteen

The crime of whoring with a girl under the age of fourteen has always been a hot topic of the criminal law.The main reason is the existence of a public misconception of the establishment of the crime charge.In fact,the charge does not cause secondary damage to young girls and there is no light sentencing circumstances.The crime of whoring with a girl under the age of fourteen differs from the rape crime in protection of legal interests,legislative purposes and constraints of the legislative acts.And it conforms to the trend of international legislation,and enjoys its own independent value.Currently,the main focus is not to abolish the crime of whoring with a girl under the age of fourteen but to adjust and perfect it,adjust the law terms,and clarify its principles of choosing criminal law from that of the rape crime,in order to make it play a better role.