The "Knowing" Presumption Of Using Dominant Position To Invade Young Girls

In the case of young girls voluntarily,the crime of sexual assault of young girls is premised on the perpetrator's “knowing that the other party is a young girl,but“knowing” is a subjective cognition factor,which is difficult to prove.Moreover,the hidden nature of sexual assault of young girls leads to the ability to prove “knowing”.There is less evidence.Although China's judicial interpretation has clearly defined the “knowing” in the crime of invading young girls is the presumptive responsibility and setting the corresponding presumptive rules,the provisions are broader and less operational,and with the popularity of the Internet,people's communication The circle has gradually expanded from the traditional acquaintance society to the stranger society.New cases and difficult cases have emerged.The current rules based on the characteristics of victims are difficult to cope with the complicated case handling needs.Using subject analysis method and transforming thinking can start from the characteristics of the actor.Moreover,the actor as a criminal subject presumes that its "knowing" is more reasonable from its characteristics.Specifically,it uses the dominant position of the actor to presume "knowing".It mainly defines the connotation and extension of the dominant position by referring to the domestic and international legal provisions on the dominant position of sexual assaulting young offenders,and analyzes the rationality of using the dominant position to presume the "knowing" from the theoretical basis and the actual needs.The shortcomings of the current law stipulate that the “knowing” should adopt a comprehensive and two-way model,and then suggest the establishment of a new clause for the “knowing” of sexually assaulted young female crimes.Finally,combined with specific cases,the direct identification of priorities and advantages should be followed in the application process.The presumption of status prevails and allows the perpetrator to refute rules and the need to ensure that the underlying facts are true and reliable,presumed to be openly applicable and centred on trial.