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我国古代奸淫罪立法有借鉴意义。第一,奸淫幼女者,“虽和同强”;第二,严厉打击官吏犯奸,明清时期甚至重惩官吏嫖妓宿娼。以古鉴今,笔者以为应取消嫖宿幼女罪,将奸淫幼女重新纳入强奸罪之中;将公务人员非法性行为纳入刑法调整范围,将公务员奸淫奸淫幼女列为强奸罪的加重情形。
The Legislation of Adultery in Ancient China Has Reference Significance. First, adultery girls, “Although the same with strong ”; second, crack down on officials committed crimes, even during the Ming and Qing officials and prostitute prostitutes prostitutes. In ancient times, the author thinks that it is necessary to abolish the crime of whoring girls and young girls and to re-include adultery girls in the crime of rape; to include the illegal acts of public servants in the scope of criminal law adjustment and list the increase of rape and adultery as a crime of rape.