Research On Marital Rape Behavrior In The Scope Of Criminal Law

Marital rape as a serious social phenomenon exists almost all over the world and througout the long history. Wether this kind of behavior does have the characteristics of crime and should be adjusted by criminal law?If it does,could the present criminal law solve it?If the present criminal law could not solve it,how to revise the code to achieve the goal that guilty must be punished?The series of questions encouter enormous disputes.This article tries to analize the essential characteristics of the disputed behavior, and take legislation suggestions to this issue.The article includes six parts.It has about 35,000 characters altogether.The first part is the introduction that describes the background and the significance of the research on the issue.The second part introduce several kinds of main theories on the issue and comment them.The author appoves the Positive theory on the foundation of analasis of all the theories.The third part mainly discusses the essential charateristics of the behavior from the theory of harmfulnesss to the society,the theory of constitute of commiting crime and moral principles of society.And analizes wether it shoud be as crime.The fourth part mainly makes a study of some special conditions about the issue.At first,considering that it is the special circumstance of rape crime,we must pay more attention to the plot and evidence application.This part also discusses the behavior in particular period and variation forms.The fifth part research on the crime determining problem of marital rape behavior.On the basis that study other countries regulation related to this issue, and unified the national conditions,the article propose the legislation constition of the behavior in the scope of criminal law,including the entity design on crime determining and discretion of punishment,and the special procedure design.The last part is the author's expectation that the criminal law will improve the men and women in marrige to achieve harmonary,equal and repect relationship.That is also the ultimate significance we study on the issue.