Research On Rape Crime In The Perspective Of Sexual Right

Rape is a crime happening in our society every day and is a crime closely related with human sexuality. With the development of human rights and social progress, human sexuality evolves into a right, which is called sexual right. Sexual right, important interest protected by the law, is one of the basic human rights, which is seriously violated by defendants. Due to sex's privacy, there was a long period in which experts avoided doing researches and paid little attention on this topic, which resulted in the lag of researches and legislations on it. In order to perfect the legislation, it is very important and meaningful to research on debated issues of rape crime in the perspective of sexual right.The methods used in this thesis include history, comparison, sociology, interpretivism and psychology and so on, and the thesis illustrates the rape crime in the point view of combination of norms and super-norms. There are five parts in the thesis.The first part is about the interest of the crime. Firstly, it analyses the protected interest of rape crime in Chinese current penal code and then arrives at a conclusion that it is women's sexual right that the penal code protects. Secondly, it points out there are several defects in the current penal code after reviewing the evolution history of sexual right. Sexual right should be one of basic human rights enjoyed by all of us and the protected interest of rape crime should be expanded, so it is a flaw that the current penal code only protects women's sexual right.The second part discusses the subject and object of rape crime. In the point view of sociology, sexology and sexual psychology, issues such as women raping men, men raping men, women raping women and martial raping are discussed by illustrating several cases happened in real life. The author holds the opinion that the subject of rape crime should be general subject, namely all included.The third part is about the evolution of sexual intercourse. Starting with the original meaning of sexual intercourse and proceeding along its evolutionary skeleton, the author analyzes the inevitable trend of sexual intercourse and holds the opinion that it is the function of sexual intercourse that determines the form of it. After that, the author draws a conclusion that the main function of sexual intercourse today is happiness and all sexual intercourse forms making people happy are reasonable. Therefore, all sexual intercourse forms should be diversified, which have already been diversified, and perpetrating acts of rape crime should also be broadened .The fourth part discusses the consummated standard of rape crime. This part discusses the consummated standard on the basis of the above discussion of subject and object of rape crime and in combination with the expansion of sexual intercourse forms. By drawing lessons from traditional criminal theory of"insert theory","touching theory"and"emboly theory", which was put forward by Professor Lin Shantian from Taiwan, the author thinks that the consummated standard should be unified and"entry theory"should be adopted.The fifth part discusses several other questions of rape crime. It explores the crime's subjective aspects, the abolition of crime of raping young girls, issues of means and the application of proviso in the article of rape crime.