| The article compares the development of history between the western and China as concerning under political and economical condition, cultural backgrounds, system, etc. It questions whether we may criminalize rape in marriage. Thus, it proves that rape in marriage is punished as rape criminal unconsideredly, which leads to Segregation in mind between criminal law and the masses and foreign spirit, owing to some factors like strong traditional culture, while we confront the alternative of women's individual freedom and stable relationship of marriage and family. We should consider the order of society principally, but not the criminal behavior what to be punished.The article checks rape in marriage through Nallum Crimen nulla poena sine legal, key element of constitution of crime, etc, combined relevant ordain of Chinese Marriage Law with effectiveness administration of law about rape in marriage, Which the writer analysizes it and points out that punishment fit it forcible rape against the fundamental principle of criminal law ,and misuses Criminal Law excitedly. In this case it enlarges criminal area , and lets Criminal Law interfere in other law field easily, and then reduces other law's validity of law. Certainly, these questions connect with cultural value of metaphysics and Chinese Political economic surroundings compared with the Western.The first chapter refers to the actualities of rape in marriage, backdated the history of it. The second chapter clarifies the argument about rape in marriage. The fifth chapter points out the approach that is used efficiently for solving the issue ofrape in marriage, emphasizes the relevant regulation on morals, mediation organism, Married Law and Criminal Law, etc which all punish rape in marriage. The article brings forward entering the regulation of respective habitant in order to solve the problem of rape in marriage. As for cultural problems, it is out of the range of this article.
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