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近年来,性侵幼女的案件总是不断出现在人们视野,已经引起社会的普遍关注,尤其是嫖宿幼女这个罪名,无论从立法论的角度还是解释论的角度其争论可谓旷日持久,甚至愈演愈烈。面对法律争议,不应当仅在刑法部门法内部进行逻辑的推理论证,而更应该考虑尽可能多而有效的视角来综合分析之,比如本文即是用法经济学的方法进行若干问题浅析。
In recent years, the cases of sexual assault of young girls have always appeared in people’s perspectives and have aroused widespread public concern. Especially the crime of paying attention to girls and young girls, the controversy can be prolonged or even intensified from the perspective of legislation or interpretation. In the face of legal disputes, we should not only make logical reasoning and argumentation within the law of criminal law departments, but also consider as many as possible and effective perspectives to analyze them comprehensively. For example, this article is to analyze some problems by the method of law and economics.