Study On Knowing Of Sexual Abuse Of Infant Girls

Whether the Subjective knowing is needed by The establishment of crimes of sexual abuse of infant girls, and how to recognize knowing of the actors are heavy and difficult problems both in theory and in practice. With the "opinions" issued on October 25, 2013, discussion surrounding these two problems is intenser. The author believe that, whether in the real natural level, or ought to be level, “knowing” must be the essential element of the sexual abuse of infant girls crime. This article will use four parts, about 30000 words in length, to discuss the necessity of knowing in the crime of sexual assault of young girls and knowingly identified in the judicial practice,to prove the author’ s argument that :fault liability fact is and should be indispensable element of the crime of sexual abuse of young girls.The first part put forward the problems. First, define the scope of this article: whether the sexual assault of young girls demands objective knowing in criminal law and the how to identify the perpetrator’ s subjective condition in the specific case. Secondly, the introduction of China’s criminal legislation and legal documents for the sexual assault of young girls Crimes subjective awareness, and finally, summarizes the current academic controversy on the key legal problem.The second part mainly analyzes the meaning of subjective knowing in the criminal legislation. To discuss the problem that whether the Subjective knowing is needed by the establishment of crimes of sexual abuse of infant girls, meaning of the subjective knowing must be identified in the first place. So in this part, the paper try to clarify its meaning from three aspects, namely, content of knowing, degree of knowing and proof of knowing.The third part discusses criminal provision attitudes towards subjective knowing of crimes of sexual abuse of infant girls in theory. On the Basis of part two,the first section of this part briefly sum up the meaning of knowing in the crime of sexual abuse of infant girls. The second section will discriminate what position do criminal provision take in such crime. The second section mainly prove that Criminallegislation should adhere to the position of fault liability when it comes to the establishment of crimes of sexual abuse of infant girls.The forth part mainly discuss the application of presumption in the proof of knowing in sexual assault of young girls. The second part of the article had discussed the important role of presumption in the fight against sexual assault of young girls, this part mainly claims that the application of knowledge presumption should follow rules and pay attention to some particular problems.