| Full awareness of the age of a young girl is an essential element of the crime of fornication with an underage girl, which is the original idea of the provision of carnal abuse in the criminal law. Only keeping to the original idea can the judicial interpretation have its validity. The official and written reply of the Supreme People's Court about carnal abuse accords with the original intention of legislation, which requires full awareness of the age of a young girl as a constituting condition of the crime of fornication with an underage girl, and thus has it s just element . But if we interpret carnal abuse as a crime of strict liability, it is not only inconsistent with the spirit of legislation but also contrary to the reason of law. However, the official and written reply of SPC is not just entirely since it regards full awareness of the age of a young girl as a constituting condition of the crime without counting full ignorance of the age of a young girl as a non-constituting condition simultaneously. |
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