海峡两岸禁娼立法之反思

我国政府一贯坚持严禁卖淫嫖娼的立场 ,在新刑法中有关禁娼的规定已经体系化。但社会上“繁荣娼盛”、“嫖娼无害”等错误观念干扰了禁娼行动的进程。而我国台湾地区长期沿袭公娼制度 ,虽然一度带来畸形的经济“繁荣” ,却又引起社会风气败坏 ,艾滋病流行、拐卖人口等刑事犯罪猖獗 ,其政治、经济的负面影响深远 ,对“繁荣娼盛”论者实为前车之鉴。目前 ,我国台湾政府一方面迫于舆论采取逐步取消公娼制的步骤 ,其防制未成年人性交易的措施值得称道 ;另一方面其禁娼政策流于形式化 ,使地下色情活动日趋严重。本文反思海峡两岸禁娼立法及其实践所得结论为 :关键应从严治官治警 ;其次应全面提高妇女的素质 ,包括适应现代化生产的能力等 ;在禁止嫖宿雏妓即防范对儿童的性侵害方面 ,应与国际社会建立一致的严惩措施。

Reflections on the Law of Prostitute-prohibition across the Taiwan Strait

Our government always insists on strictly forbidding prostitution and going whoring and the regulations in new Criminal Law have been systematized. But in society, some incorrect views, such as "thriving prostitution,properous economy", “visiting prostitutes has no harm" are disturbing the process of forbidding prostitution. Meanwhile in our Taiwan Region public prostitution has long been adopted, which brings about social values corrupting, AIDS epidemying, crimes of abducting and trading in human beings raging as well as lopsided economic booming. It has exerted a tremendous negative influence, which is a warning for those people whose arguments are “thriving prostitution, properous economy". At present, under the pressure of public opinions, Taiwan Government has taken steps to abolish the system of public prostitution. The measures of preventing juvenile sexual activities are worth praising. But its policy of forbidding prostitution is only in form, which facilitates the gravity of underground sexual activities. By comparing the legislations and practice about banning prostitution between Mainland and Taiwan Region, this paper concludes:The key lies in strictly administering officials and police; we should improve women's quality in an all-round way, including the ability to meet the needs of modern production; we should set up strict measures alike international society on forbidding visiting young prostitutes, preventing infringing upon children in sex.