Research Of "Marital Rape"

"Marital rape" has no provision in the penal code of our country. But to that type of processing of behavior, there appeared two contrary results now: guilty or guiltless. According to the traditional penal code theories, it is impossible for the husband to infringe upon the wife's chastity right (or sex independent right, sex free right). And it is also impossible to become the corpus of "marital rape" . However, because of the development of the women's liberation, husbands can become the corpus of "marital rape" in western countries. At present, the theories field has various standpoints about this problem, but all this failed to become a theories system.This passage will and completely state something form five parts, such as cohabitation's right of theories, the quest for "marital rape" phenomenon, "marital rape" of theories, the social prevention and cure "marital rape" of analysis and so on. In the aspcts of cohabitation's right of theories , it discusses the husband and wife's conhabitation duty, and this kind of duty can be dismissed when they have some proper reason. Because of this, the author has drown out a conclusion that the marriage method of our country should increase the separation system. In the aspect of the quest for " marital rape" , it discusses the controversystandpoints concerning "marital rape" in all countries, and judicatory evolution of it, it also clarify the lawmarking tend form "marriage have no crafty" to "marriage have crafty" . The theories of "marital rape" tell us the composing important item of the rape, and state the author's view according to five case of our country. The author have also drawn out a conclusion that the traditional penal code theories of rape infringes upon the feminine chastity right (or sex independent right, sex free right). On the basis of it, many people in our country face embarrass in "marital rape" . Thus not only the important items of "marital rape" have been formed, but also the author has put forward that our country should make laws. In the aspect of analysis about "marital rape" phenomenon, the author has expounded the existent reason of "marital rape" and something to be paid attention to. On this foundation, the author also gives his opinion on how to prevent and cure the "marital rape" in society.This essay has made improvement on what has already been achieved with full and overall data, with clear logical arrangement and with the author's individual opinion. For example, the author analysed the existent reason of "marital rape" and social prevention and cure.The author introduced something needing attention in processing "marital rape " and lawmaking suggestion. What' s more, according to some important items, the author also analysed the theoretical blemish of "marital rape" which is existing. The thesis is a little futher, but it contains some valuable references in studying the theories of "marital rape" and practice of judicatory.