On Marital Rape

Marital rape is a subject of controversy. Academic dispute is gratifying, but the chaos in the administration of justice is a cause for concern. Cases similar in nature can't get the same decision, seriously damaged the unity ,authority and predictability of law. We should see that the criminalization of marital rape is the inevitable result of social progress and ideological emancipation. Feminist see sex as a political issue, McKinnon had said that sex to feminism as labour to maxism .In 1996 the General Assembly on the theme of human rights report, the United Nations called on countries in the world to criminalize marital rape . As a permanent member of the United Nations, china should also make a positive response accordingly.Therefore,on the one hand we can maintain academic open discussion , on the other hand we should avoid confusion in practice, and steadily put forward the process of criminalization of marital rape. In view of this situation, the author attempt to expand the way of theory and practice about marital rape in this article.This article consists of five parts as well as introduction and ending,nearly 24,000words altogether.Introduction. In this part ,some background of research upon the issue of marital rape are introduced simply. The author's writing construction is also stated.Part I. First, we summed up the marital rape cases .Second, we discussed the reality of the situation about marital rape at home and abroad.Part II. It's a most disputed question whether we can evaluate the marital rape in the crime of rape. The theory of criminal law has three different points of view: positive theory ,negative theory and Compromise theory. Based on the analysis of these theories ,the author's view of positive theory is obvious in this part.Part III. From the perspective of theory and reality ,we can see the possible of criminalization of marital rape in our country. The foreign and Hong Kong and Taiwan regions has relevant experience for reference.Part IV. Two serious erroneous tendenies were analyzed. It's wrong to reduced marital rape to a pure issue of punishment,marital rape and general rape share the same nature. According to the nature of marital rape, as well as tendency to abuse mediation system in our country, author regard it's harmful to apply mediation in marital rape.Part V. From the perspective of judicial interpretation, judicial proceedings. Judicial system, relationship between the criminal and civil law,we give some suggestions about how to realize criminalization of marital rape.Ending. The problem was extended in this part ,we reveal some deep-seated meanings behind marital rape.