Research Of Qualitative Analysis Of Marital Rape

Marital rape as a fact state of domestic violence is undoubtedly the prevailing long-term objective reality. But only in recent years, we really face up to the fact that marital rape laws and thus lead to extensive and heated debate to the issue. Marital rape as one of the major manifestations of domestic violence is first concerned by the Westerners with the development of society and the rise of feminism in 1970s in the 20th century. Gradually it reached a consensus to incorporate them into the legal regulation after the earlier controversy. Chinese citizens started to doubt whether marital rape exits in China and whether it put marital rape under legal regulations. However, Confucian Culture has been rooted in the minds of people for thousands of years.Marital rape is still in embarrassing position in today's China, Legislative is ambiguous, and justice is greatly different, so people can not build reasonable expects. Therefore, the characterization of marital rape needs to be sorted.The essay is divided into introduction, body, conclusion, including eight parts.The introduction is started from the origin of marital rape.The first section describes the concept of marital rape and characteristics. To define the concept of marital rape scientifically.The second section describes the extra-territorial status of marital rape. We can provide reference in how to make legal regulation of marital rape by analyzing the legislative and judicial changes in other countries.The third section provides an overview of China's status of marital rape. Showing that our laws regulating of marital rape exists serious omissions through the real case, result in people can not produce reasonable expects. So the qualitative issues of marital rape must be resolved.The fourth section focuses on the issue of qualitative debate on China's marital rape and conducts of qualitative assessment, and thus put forward my point of view on this basis. I tend to agree with the theory of the plot is in the affirmative. The fifth section is about the issue of marital rape whether should be criminalized. The paper demonstrates the reasons why it should be criminalized from multiple angles such as the historical trends, social harm and social values, etc.The sixth section carries out a concrete vision on how to make into criminalization. First, the paper suggests that marital rape should be distinguished by depending on the severity of harmful levels. Only the serious cases should be punished. Then concrete proposals from conviction, sentencing as well as specific aspects of legal procedures.The conclusion section is a summary of full text, which re-emphasized the purpose of drafting. The author's advocacy of the criminalization of marital rape doesn't mean that all should be intervened by the criminal law. The main aim is to enable women violated by domestic violence can obtain timely and necessary assistance. At the same time, defining the illegality of marital rape by the name of the law will arouse people's alert, wake up the whole of society the importance of women's rights and establish a new concept of marriage.