再论嫖宿幼女罪之存废

关于嫖宿幼女罪的论争，保留论者对嫖宿幼女罪合理性的论证理由不够充分，因为该罪名在立法目的、条文设置、司法实践与效益对比诸方面均存在缺陷，并且无法通过解释论进行解决。从短期来看，在没有相关司法解释或者立法修改时，司法上应该废弃嫖宿幼女罪的适用，将相关行为纳入相关犯罪条目进行规制；从长期着眼，应该坚持平等保护幼女合法权益的基本刑事政策，彻底废除嫖宿幼女罪罪名。

Reanalysis of Reserving or Abolishing Crime of Prostituting Girls under the Age of 14

Those who are for reserving the crime of prostituting girls under the age of 14 don't give enough argument. The crime has several defects in legislative purpose, provision's setting, juridical practice, benefit imbalance and etc. What's worse, these defects can't be settled by theory of interpretation. For the short term, the crime of prostituting girls under the age of 14 shall be ceased to apply in justice, and relative behaviors shall be regulated by means of being involved in relative crime until relative judicial interpretation or legislation amendment come out. For the long term, we should keep the basic criminal policies which equally protect the legal rights and benefits of girls under the age of 14, and abolish the crime of prostituting girls under the age of 14 completely.