Wang Weiming's rape case in Shanghai has caused a great deal of concern about marital rape once again in both academic and practical fields, yet, the relevant legislation of marital rape in our country has not been changed. After the dispute, everything is getting calm. However, it does not necessarily mean that the judiciary or law scholars have reached an agreement about the issue, nor will it be safe enough to say that the perplex problem has been resolved completely. It is reasonable to believe that, after a short calm more fierce discussions and debates will come.In this thesis, according to Chinese traditional culture and other countries' legislation the historical inevitability of the penalty for marital rape in our country has been elaborated. Thesis is composed of four chapters. Chapter 1 expounded current situation of marital rape in our country, chapter 2 analyzed how did women's right come down from equity step by step, chapter 3 summarized the latest progress about marital rape in foreign legislation, chapter 4 focused on analyzing the historical inevitability of penalty for marital rape in our country.
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