Research On Several Questions Of Rape-Crime

Rape is one of the oldest forms of crime, and people have a set thinking mold and acknowledgement. We can see that from the explanations of rape crime in the present Penal Code and judicial interpretation. With the development of the society, however, people's education and knowledge has been improving constantly. As a result, people pay more attention to protecting and realizing their self values and rights. The legislation of rape has been amended and renewed, but it is getting clearer and clearer that there are shortcomings in criminal subject, criminal object and sanction. This thesis starts with the basic theory of rape crime and analyses the social and cultural background of rape crime. By comparing the domestic and foreign rape legislation, analyzing the evolution and causes of jural right protection, explaining both the traditional and modern legislation mode of rape crime, the thesis aims find out the evolution rules and foundations of rape crime in human history. By analyzing all kinds of cases in legal practice, the thesis focused on the following questions:1. How to get rid of "sexism" and realize the gender equality. How to realize the men's self rights and protection on the Objective aspect of crime. On the Subjective aspect of crime, not only can women be the indirect executor of the crime, but can be the direct executor of the crime as well. 2. How to break the narrow point of view --"penis sexual intercourse" and redefine "sexual intercourse" in rape crime. Take the anti-natural sexual behaviors that violate the party's will into rape crime. For those disputed problems like fraudulent rape behaviour prescribed in "other means" in rape crime in legal practice, the analysis should be made combining the practical cases. 3. Reconsider compulsive sexual behavior within marriage by the factors that affect the direction of criminal legislation. Under the premises of making clear the obligation between husband and wife, rape in marriage should be acknowledged and should be dealt according to the cases. The initiative should be given to the wives. 4. By comparing the legislation cases abroad, this passage discusses the question that statutory rape should be separated from rape criminal and special protection should be made to protect juveniles. this passage analyses and probes into the above questions. On this basis, it put forward some personal thoughts and suggestions in the hope to improve the legislation of rape crime and finally realize the criminal law.