The Precedent Research On Gang Rape

There is a big controversy for the identification of gang rape cases between the judiciary and the academia in our country. This thesis adhere to research methods of criminal law jurisprudence, which is study the behavior from theory and judicial practice. Of course this research is base on our country's existing judicial decisions and judicial practice. This examination included two dimensions, the qualitative of the gang rape and the punishment to gang rape perpetrators.This article describes including the following:First, Author start by a special gang rape case, then come out the theory of gang rape identification and the problems of judicial determination. Second, the judicial practice that dispute to gang-raped behavior for basis points, up to the theory of gang-raped behavior. Gang-raped not limited in raped one by one. Two person who base on their respective of rape did the behavior of rape or purpose both established gang-raped. Third, the gang-raped behavior besolved on the basis of qualitative analysis. The author thought that should distinguish the gang-raped actor's means behavior and objective behavior. The cognizance of deliberate crime gang-raped is important. And the author put forward a proposal of how to implement rape crime when the rape are act by more person. Fourth, author insisted on the accomplice theory foundation of our country. This part demon strates the accomplice personally did not exist in accomplice of our room. The author adhere to that no coexistence of both forms of the position the attempted gang rape cases. Fifth , author give rise to the research of the sentencing by the basis of conviction in the behavior of the perpetrator. Author pretended to study the sentence to the gang-raped actor. The author holds that the justice department in our country was assumed the master-slave offender sentencing convenience socialist. This thesis consider that should distinguish between criminal acts and criminal attempt correctly first, and attempted act of rape is one of the bases whether a person is an accomplice of gang rape actor. At last of the thesis, the author posed some own thought of the standard of gang rape unfinished. Author find that the behavior of gang rape should be a new crime legislation premise. Then we study the gang rape of behavior and the unfinished standard crime constitution will be more meaningful.