Elements of the crime of whoring with young girls (delete the crime in the ninth sentence);

According to the provisions of the Ninth Amendment of Criminal Law implemented by 20 15 1 1, the crime of children of prostitutes was deleted. Article 236 of the Criminal Law can be applied to this behavior, that is, rape 14 children under the age of four shall be punished as rape. Constitution of the crime of prostitution. (1) object elements. The object of this crime is the physical and mental health of young girls and the management order of social weathering. This is because young girls are still in the stage of physical development. Physiologically, various organs are not mature enough for sexual intercourse. Psychologically speaking, young girls' intelligence is in the growth stage, and their ability to know, think and control themselves is low. They are easily tempted by criminals in society or directly influenced by social unhealthy phenomena and concepts, and embark on the road of illegal prostitution. Because of the special protection for young girls, legally speaking, young girls are incapable of sexual behavior. Prostitutes seriously violate their physical and mental health, and at the same time, they violate the social management punishment regulations because of their prostitution. The object of this crime is a special object, not only a young girl under the age of 14, but also a young girl who is engaged in prostitution. If the perpetrator rapes a young girl who is not engaged in prostitution by deception, it becomes rape. It should be pointed out that the whoring of young girls here is voluntary or voluntary, which generally means that young girls realize the prostitution nature of their actions, and they are lured or forced into prostitution by others (not prostitutes), so they do not need to realize the prostitution nature of their actions objectively and engage in prostitution. /kloc-a young girl under the age of 0/4 refers to a girl under the age of 14, excluding 14 itself. The calculation method of reaching 14 years old is from the day after her birthday. Birthdays over 14 years old are not counted as 14 years old. If the perpetrator engages in prostitution on the second day of 14' s birthday, it does not constitute a crime of prostitution. (2) objective factors. This crime is objectively manifested as the behavior of a prostitute under the age of fourteen. Prostitute refers to the act of having sex with prostitutes or engaging in other sexual promiscuity activities at the expense of paying money and other property. Sexual promiscuity here includes all kinds of behaviors that young girls stimulate male reproductive organs through contact with genitals, breasts, groin and mouth. At the same time, the whoring behavior here should be regarded as a complete process, including getting to know young girls, bargaining, paying, masturbating, oral sex, sexual intercourse, anal sex and other related behaviors. Under the subjective and intentional control of whoring, any behavior of the actor in the above-mentioned process should be regarded as whoring, but there are differences in the forms of determining whether whoring is completed or prepared, attempted and suspended. (3) Main components. The subject of this crime is the general subject, that is, any natural person with criminal responsibility at the age of 16 can constitute this crime. In general, the subject of this crime is mostly male, but it does not rule out the occurrence of prostitution between the same sex. Therefore, women can also become the subject of the crime of whoring with young girls, but it is relatively rare in life. (4) Subjective factors. Subjectively, this crime is intentional. Whether it is necessary to know that a young girl under the age of 14 constitutes a crime is not clearly stipulated in legislation, but the perpetrator should know it subjectively. Article 359 of the Criminal Law of People's Republic of China (PRC)