对峙中催生的情法平衡——对一项司法解释的法理思考

奸淫幼女罪是否以明知被害人是未满14周岁的幼女为条件,在过去,不仅学界一直存在争论,而且在司法实践中认识也不统一。2003年1月7日,最高人民法院发布相关司法解释,使理论纷争告一段落,也使实践有法可依。这一司法解释的出台,既体现了法的精髓,又有情的痕迹。

A Balance between Feeling and law:Reflections on a Judicial Explanation

Whether crime is the less than 14 youngests daughter of the same age as the condition in order toknow perfectly well the injured party to fornicate with an underage girl.In the past,not only it is disputed that the edu-cational circles exists,but also know and does not unify either during the judicial practice.Until January 7,2003,relevant judicial explanation which the Supreme People's Court made,did not break through Chinese intrinsic idea.The appearance of this judicial explanation has embodied the marrow of the law and the mark in love.