“奸淫幼女”司法解释与我国刑法的“严格责任”

2003年1月23日最高人民法院出台了《关于行为人不明知是不满十四周岁的幼女,双方自愿发生性关系是否构成强奸罪问题的批复》的司法解释,引发了刑法"严格责任"问题的争论。现代刑法语境下的"严格责任"具有实体法和程序法意义上的双重内涵。随着社会的发展和文明程度的提高,我国刑法在坚持罪过责任原则的同时,应当"与时俱进"地赋予"严格责任"以新的内涵,并把严格责任作为罪过责任基本原则的补充原则。

Judicial Interpretation to "Raping Girls under the Age of 14" and "Strict Liability" of Criminal Law of China

On January 23rd 2003, the Supreme People's Court issued "The response to the issue of whether the actor who do not know the girl under the age of 14 and the two parties have sexual of their own free will commits the crime of rape", and brought the dispute on "strict liability" of criminal law. "Strict liability" under sense of modern criminal law has dual connotation of substantive law and procedural law. With the developing of society and improvement of civilization, the criminal law should persevere in the principle of fault liability, and developmentally endue "strict liability" with new connotation, and regard strict liability as the supplement of the basic principle.