强迫卖淫罪的保护法益不仅包含通说认为的社会管理秩序和良好道德风尚,亦包含性的自我决定权,本罪的核心特征在于违背妇女意愿迫使其进行卖淫活动,亦即强迫行为中的暴力、胁迫、虐待或其他强制方法足以使被害人失去意思决定能力进而压制其反抗。在本罪与强奸罪的辨析上,有偿与否并非区分标准,二者之间是部分包含的法条竞合关系。 The legal protection of the crime of forced prostitution includes not only the social order and the good morality as generally believed, but also the sexual self-determination. The core feature of this crime is to force it to commit prostitution, contrary to the will of women, namely violence , Coercion, abuse or other coercive measures are sufficient to deprive the victim of his ability to decide his ability to suppress his resistance. In the analysis of the crime of sin and rape, whether paid or not is not the standard of distinction, and the two are part of the law of competition and cooperation.