The Research On The Legislative Perfection Of The Crime Of Rape In Our Country

The crime of rape is one of the sex infringement crime, so almost all the countries and regions stipulate it. But its concrete regulations in the law are different to some extent, as cultural traditions and people's values vary. Nowadays the crime of rape presents some new characteristics,and the present legal provisions are unable to totally contain the phenomena. Being analyzed from the angle of criminal law, it is necessary to put the new forced sexual intercourse acts in rape. We can re-define the crime of rape: "forcible sexual intercourse without the agreement of another people, using violence, coercion, deception or other means." The essence of the crime of rape is: disobeying of the will of victims. Many countries and regions outside China modify and improve its legislation of rape crime. The trends are: the ownership tends to be the protection of individual rights, males can be victims, the subject of rape can be expanded to women and their husband, the definition of sexual intercourse must be expanded, the deceptive sex should be included in rape. As the reality changes, a series of legislative shortcomings of rape crime are showed. For example, it limits the subject of rape to men, there are some unscientific points in the object of rape, more people can be victims, the definition of sexual intercourse and the ways of criminal behavior must be expanded, there are some legislation defects in legal sentence. Considering about China's national conditions, we propose to learn from countries and regions outside China, so as to establish the legal system of the rape of our country. It includes the Legislative perfection of the subject, the object and objective aspects of the crime of rape, and the perfection of the legal sentence. We propose to establish systems of mediation and private prosecution.