Study On Criminalization Of "Marital Rape" From The Perspective Of Feminism

The problem of the criminalization of "Marital Rape" is the result of western feminism and the requirement of feminism for sex right. As an ethics,social,legal question, it comes out gradually in the modern society, becomes the hot problem that the law circles of domestic and international punishment probe into continuously, and the focus problems that the people of various circles carry on the extensive concern. In this course, the traditional legal ideas of China and the modern concept of the rule of law interweave and collide. The academia has a lot of different theories. The judgments of the administration of justice are not unified. The same case can't get the same judgment, and it has destroyed the unity,authoritativeness and predictability of the legal system seriously. It makes the actors lack the due prediction to the legal consequence of their behavior, and it will diminish the authority of the law, causes the unnecessary confusion.Therefore, it is necessary to make the serious analysis and study to the theory and practice of "Marital Rape". This text will try to expand out a new route to ponderover this question of "Marital Rape"——study on criminalization of "Marital Rape"from the perspective of feminism, and attempt to put up the legal framework of solving the problems of criminalization of "Marital Rape" with the value of theory and practice.Because the western feminism moves rise generally and the construction of legal system gets tremendous development, it is necessary to carry on the study on criminalization of "Marital Rape" from the Perspective of Feminism. In this case, the will that women safeguard to their rights is firmer and put into the practical action. Under the influence of advantage that the consciousness of women's rights generally awaken and achievement of the western legal construction, some people relying mainly on women require the voice of the criminalization of "Marital Rape" to grow to even greater heights in China. In these laws people's colony that is reason, some people have proposed the view of the criminalization of "Marital Rape". From the perspective of feminism, and the concern about this question, this text focuses on the basic theories of feminism and "Marital Rape", has analyzed the reasons of "Marital Rape" in detail, relatively summarized the mode of response to law of countries all over the world, and then regarded angle of theory, positivism position and localization vision as the basic point separately to launch detailed demonstration and analysis to the questions that the behavior of "Marital Rape" accords with the constitutive elements of the Crime of Rape, and belongs to the category of the Crime of Rape, etc, proposed the legislative suggestions of feasibility , in order to break the thought that men are superior to women that remains in the thoughts of people, prevent the occurrence of family incident of violence, ensure the women's lawful rights conscientiously, and offer the realistic basis and the support of theory for really realizing that "Marital Rape" is brought into the criminal law category and key idea with equal sex of feminism.