Title: The Puzzle of the Application Interpretation of Criminal Law
Abstract: The reply on the question of crime of carnal knowledge of a child by the Supreme Court and the academic controversy on the reply indicate that, we must define the basic position of application interpretation of criminal law in China, including the principle of strict interpretation, the principle of right interpretation, the principle of life logic. On the basis of this basic standpoint, it claims that refusing the excuse of wrong knowledge of age of the victim doesn't necessarily implies a absolute liability offense without the element of mens rea in legislation. This academic controversy reveals the paleness in theory and confusion in lodge of academic discussion. Even the Reply can not clarify the perplexity of the element of mens rea of the statutory rape. The ultimate way to resolve this question is to improve legislation in statutory rape.
Publication Year: 2004
Publication Date: 2004-01-01
Language: en
Type: article
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