我國性交易管制政策及未來方向之評析

An Analysis of Prostitution Control Policy and Its Future

性產業管制對各國來說，皆是棘手的問題。我國舊社會秩序維護法第80條娼嫖皆罰，因違反平等原則遭司法院釋字第666號宣告違憲。新修正社會秩序維護法第80條，雖設有專區除外不罰的但書，但鑑於現實（政治抑或經濟）考量，並未有地方政府設立專區。此種有名無實的管制，非但未保障弱勢性工作者，甚至有更為侵害之虞。現行法規實有立即修正之必要。本文觀察並歸納外國法制，大致有「禁止主義、新規制主義、廢止主義」三類。越來越多國家採用罰嫖不罰娼的北歐模式，蓋此模式可在保障性工作者與壓抑性產業發展上取得平衡。本文認為，我國管制政策當先確立面對性產業的態度，其後採取漸進之方式，達成保障性工作者及處理性產業外部成本的雙重目標。

Sexual industry regulation is a difficult problem for all countries. Our country, in the past, prostitutes and clients were both punished according to Article 80 of the old Social Order Maintenance Act. It was declared unconstitutional due to violation of the principle of equality by J.Y. Interpretation No. 666. There is a provision in the newly amended Article 80 of the Social Order Maintenance Art, which brings no punishment in a designated area. However, in view of reality (political or economic), there are no local governments setting up the designated area. This kind of nominal control does not guarantee protection towards the disadvantaged sex workers, but even causes more infringing. It is necessary for immediate changes in the existing law. This study observes and sums up the foreign legal systems, which have three categories: “prohibitionism”, “neo-regulatorism” and “abolitionism”. More and more countries adopt the Nordic model, which punishes clients but not prostitutes, because it strikes a balance between the protection of sex workers and the repression of the sexual industry’s development. This study suggests that regulative policies in our country should first establish the attitude towards the sex industry, and then adopt a gradual approach to achieve the dual objectives for both the protection of sex workers and the external costs of dealing with the sexual industry.