| In recent years, the marital rape cases to a rapid rise of the phenomenon, many women suffered great physical and psychological violence, some women have long endured such abuse of her husband over several decades. The criminalization of marital rape has been the United States, marital rape has been plagued married women, according to research statistics about 10% to 14% of women had been raped within marriage. In China mainland, there is no lack of this phenomenon occurred, which should arouse our attention, in the current building a socialist harmonious society, harmonious family environment, the issues highlighted in front of people again and again. And usually, Marital rape and domestic violence are closely linked, which is often accompanied by sexual violence, domestic violence occurs. Because our law on marital rape has not expressed a very clear attitude, which led to the process of the law applicable to many problems exist, the treatment also appeared to question the judicial confusion, In view of marital rape has been the fact that acts as a frequent occurrence in real life, but divergent views on the issue all walks of life, today, for the issue of marital rape, it becomes very important. Firstly, the concept of marital rape, characteristics and Elements in detail Described, followed by analysis of the causes of marital rape, marital rape again at home and abroad and the development of different points of view to conduct a comparative analysis, Finally, I put forward their own point of view that marital rape should be limited to convict, and put forward their own legislative ideas to the issue of marital rape would be better addressed.
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