The Reknew And Perfection Of Raping

Raping has been always considered as one of the crimes which violate women's right and break the social law and order. The incidence of cases of raping is relatively high and the damage of raping to society is severe. The reason why raping is defined by law as a felony is that it not only violates women's free will but also does great harm to women's health and honour. But with the change of social views towards it, traditional views on rape already cannot explain all the questions.According to the tradtional views, the subjects of the crime of raping are only males and the victims are only females. From the middle of 1900s, with the change of sexual views and sex equality rule, peopele are beginning to realize that males or some particular group of people can also be objects of the violation of self-determination rights on sex; on the other hand, females can also be the subjects of sexual rights violation.In addition, besides the condition of females raping males, rapes between the same sexes also exist. There are no provisions in law for sexual violation between same sexes, but those things often happen nowadays. The fact that law and reality are out of joint has already been a limit of criminal legislation in our country.With the development of the economy the increase of social pressure, some people's mentalities distort. Females raping males and rape between same sexes have already been common. Such behaviors, like males raping females, not only violates social customs but also do great hard to public security. So we should redefine the subject and object of raping.Meanwhile, with the diversity of sex and sex subject, the ways of sex were also becoming different from traditional views. The criminal law should not have no rules on such kind of destructive behaviours. So some new sex behaviours,such as oral sex and anal sex should be taken into consideration by the law.Many other countries also face with the same problems. Many countries have already redefined the crime of rape and made some revision on the law accordingly. So it is also very ergent that we should perfect our law provisons on raping.The author thinks that the crime object should be the self-determination right on sex, which includes both male's and females'. The crime subject of rape should be the normal object of crime which also includes both males and females. In other words the crime subject also has no gender distinction.As to the objective behaviour, it should be analyzed according to different conditions, and should not be judged by only one standard, such as insertion.