The Research Of The Spousal Rope

The problem of spousal rope is an inevitable problem.With the rise of the feminist movement outside and the booming of the appeal of international society for the protection of human rights,spousal rape in China has become a hot social problem,as well as a legal issue. The situation of spousal rape in China is the confusion of legislation,the conflicts in both judicial practice and academic contend.Nowadays the solution of spousal rape in practice is a chaos because of no exact legislation on the problem.Therefore,it is necessary to make a general discussion on spousal rape problem in order to make it explicit that some modification in relevant legislation should be made.The article consists of three parts:introduction,main body and ending,nearly 34000 words altogether.Introduction:In this part,it dwells on that the phenomena of spousal rape has become a hot social issue,and has been considered increasingly by law.The writing construction is also stated.Partâ… :It centers on the contend and the definition of the spousal rape.This part is the premise.There is no concept of its existence,namely the context of reality.From the feudal society to the modern China under the rule of law,the range is constantly changing.Spousal rape is no existence of room in the past.The law won't attract people's attention until modern times.The definition of concept is the premise of theoretical discussion to any legal phenomenon.In this paper the problem discussed is the typical spousal rape that the husband makes sexual intercourse against his wife's will.Partâ…¡:In this part,some background of research upon the issue of spousal rape is introduced simply.It concerns on the controversial for spousal rape from the legislative, judicial practice and academic point of view at present.There is no legislation for a husband to constitute a rape from the point of view of comparative law.In judicial practice,most judges deny the spousal rape.And spousal rape case processing is chaos,there is no unified standard.In the contend spousal rape problems is anyone's guess.Through the review of various theories,it puts forward the argument that spousal rape should be criminalized.Partâ…¢:This is the key part.It puts forwards the argument that spousal rape should be criminalized from the point of civil law and criminal law. Partâ…£:It is about the modification on criminal law so as to ensure the relevant provisions in the judicial practice and avoid different cases of departmentalism;also it can clarify some theoretical problems about spousal rape.The ending:it is the conclusion on the main body,and it looks forward to protecting the women's right.