Analysis On The Crime Of Paradigm Shift "Knowingly" Questions

Paradigm Shift is an extremely bad social impact of the behavior of large、and Young girls always are lack of self-protection. Therefore China’s criminal law pay deal of attention to such criminal acts. Existing criminal law regard the acts of rape young girls as Aggravating circumstances of rape, and this approach has a strong operational; However, China’s Criminal Law of the subjective element of raping young girls is not clear that the need for "knowingly",Which led to criminal law and judicial practice academic long-term debate,and the phenomenon of different judgments come form the same facts. To solve this problem, Supreme People’s Court made Con the perpetrator don’t know the fact that a girl is under fourteen years, consensual sexual relations constitute the crime of rape of approval》in2003. The "Reply" caused much controversy. I think that China’s criminal law did not recognize objective imputation and strict liability crimes. Criminal Law sub does not expressly provide can constitute criminal negligence, can only be understood as an intentional crime. So Paradigm Shift Theory must have the premise of knowledge, then we can obtaine the balance between oprotecting young girls and protecting the legitimate rights and interests of the accused of a visual field of law. At the same time we should also be discarded "should know " the traditional formulation, and put into the exact knowledge and constructive knowledge two opinpion. However, the certification of the subjective act in the judicial process is very difficult. I think that the fact that presumptive method and the principle of burden of proof may be able to solve this problem.we should also note some special cases:Boys and girls sex case、Young girls "consent" cases under the implementation of sex、And life style of the case of poor young girls having sex,and so on.