嫖宿幼女罪存废之理性分析

前不久,最高人民法院明确表态：完全赞成废除嫖宿幼女罪,并希望能与社会各界共同推动全国人大法工委尽快立项废除该罪名。然而,应当看到的是,嫖宿幼女罪的存在不论是从立法论上考量,抑或与相关罪名的关系比较,还是从具体的法定刑设置上进行分析,嫖宿幼女罪的存在都具有相当的合理性。

Reasonable Analysis of the Existence or Abolition on the Crime of Whoring with Young Girls

Not long ago,the Supreme People＇s Court made it clear that they were all for abolishing the crime of whoring with young girls,and hoped to be able to promote the NPC Law Committee to approve the abolition of the crime with all social sectors as soon as possible. However,we can see that whether it is considered from the theory of legislation,or comparative relation with the related charges,or the analysis from the legal penalty for specific,the existence of the crime of whoring with yong girls is quite reasonable.