ABSTRACT

This chapter aims to compare and contrast the contexts of the general laws and the new specific law so as to detect the changes made under the new Law. As the nature and prevalence of the problem of child prostitution had developed, both academics and practitioners found the Juvenile Welfare Law to be inadequate. The Republic of China laws applicable to deal with child prostitution can be variously categorised. They include civil laws, criminal laws, and administrative laws. The treatment of prostitution-involved children is provided by laws applicable to specified age groups for different purposes including punishment, rehabilitation, and retraining. The older and habitual prostitution-involved juveniles may also be fined under the Social Order Maintenance Law for having violated good morals and thus referred to rehabilitation centres for habitual prostitution. Under the new Law, the child prostitution problem is for the first time legally defined as ‘sexual transactions involving children and juveniles.