奸淫幼女若干问题探析

Several Issues on Carnal knowledge of a Child

根据我国现行刑法的规定,奸淫幼女构成犯罪的,应定为强奸罪;奸淫幼女既遂的认定标准应采取"插入说";奸淫幼女构成犯罪应以明知奸淫的对象是幼女为要件。刑法有必要增设独立的奸淫幼女罪。

According to current criminal law, whoever has sexual intercourse with a girl under the age of 14 shall be deemed to have committed rape; the criterion to consummation of carnal knowledge of a child should be 'doctrine of insertion'; and it should be necessary condition of the crime that the actor clearly knows the object of the rape is a young girl. Crime of carnal knowledge of a child should be separately prescribed in criminal law.