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嫖宿幼女罪就其性质来看,实为强奸罪中的奸淫幼女情形,其侵害的法益主要还是包括性自由权在内的幼女的身心健康。刑法规定嫖宿幼女罪,等于从刑法方面将幼女分为卖淫幼女和非卖淫幼女,这有违平等保护的刑法价值观,而且其法定刑的设置,也不符刑罚目的,所以,应当废除嫖宿幼女罪,将嫖宿幼女行为回归到强奸罪中去。
The crime of whoring girls and young girls According to their nature, the case of adultery is actually a case of rape and adultery, and the legal interests of infringement are mainly the physical and mental health of young girls, including the right to sexual freedom. The criminal law stipulates that the crime of whoring girls and young children is equal to dividing young girls into prostitution and underage girls from the perspective of criminal law. This violates the equal protection of criminal law values and the setting of their legal punishment does not conform to the purpose of punishment. Therefore, Sin, the act of returning girl sex to return to rape.