Research On The Legal Interest Of The Rape

The legal interest of the rape sets a limit to female sex decision-making right and child daughter's physically and mentally healthy right only in the criminal law of our country .But the male sex decision-making right and male child 's physically and mentally healthy right is outside the protection. The traditional"sexual intercourse"doctrine is harmful for the protection of adults' sex decision-making right and children's physically and mentally healthy right. Much grave behavior to the right can not be punished for the rape in fact.The main purpose of the article is to carry out new allocation on the male position in the rape, to give equal protection to female and male legal interest which embodying the idea of everybody's equality, to deal with the legal interest of adult and child in different ways. The traditional"sexual intercourse"doctrine should be given new understanding. The legal interest of rape ought to be adults' sex decision-making right and children's physically and mentally healthy right, the subject and objective requisites of the rape should be perfected and structured under this direction. The rape has infringed adults' sex decision-making right during the marriage, is punished for the rape, but told indeed .Having limitation of the meaning of a word"raping", the article think that the rape should be revised for"crime of compulsory sexual intercourse"and"crime of raping child"in the criminal code of our country.