中欧社会论坛 - China Europa ForumJurisprudential Discussion on a Homosexual Prostitution Case
Authors: Guo Xiaofei
Date: 2004, Issue 5
Published by Open Times
Abstract: There is no specific law and legislative intent to prohibit homosexual prostitution. Criminal statutes should be read narrowly so as to cover only those areas where it was clear that parliament wanted the law to apply. As for purposive approach, orthodox morals and rules toward homosexual are absence too. Liberal construction has its limitation. The guilty decision made by the basic-level people’s court is inadequate when the supreme people’s court has no confidence in making a judicial interpretation. Either the unintentional absence or intentional ignorance of power leads to the legal loophole, which no longer deal with confused legal practice. The tolerance toward homosexual in Chinese traditional culture is no longer adaptable to homosexual rights protection too. So relevant legislation or clear legal interpretation is needed.
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