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《刑法修正案九》“顺应民意”废止了嫖宿幼女罪,此后嫖宿幼女行为一律依照强奸罪定罪,从重处罚。然而,嫖宿幼女罪的废除并非尽善尽美,其留下了一系列“后遗症”:嫖宿幼女行为并不能完全被强奸罪吸收,其他行为如何定罪量刑?与幼女性交行为归入强奸罪后是否一律“从重处罚”?组织、引诱、强迫幼女卖淫等行为的性质如何认定……诸如此类的问题,值得深究。立法者应认识到废除嫖宿幼女罪绝非终点,后续问题的合理解决迫在眉睫,绝不可在此止步不前。
“Amendment 9 to the Criminal Law,” “Conform to Public Opinions,” abolished the crime of whoring girls and young girls. Since then, the act of violating the laws of rapistage has been punished severely. However, the abolition of whoring crime is not perfect, which left a series of “sequelae”: Whoring behavior is not completely absorbed by rape, how to convict other sentencing? Sexual bondage with young girls is classified as rape Whether it is uniform or not, how to identify the nature of such activities as organizing, luring and forcing young girls into prostitution, and so on, are worth studying. Legislators should realize that abolishing the crime of whoring girls and young girls is by no means the end. A reasonable solution to the follow-up issue is imminent and must not be stopped here.