A Multidimensional Study On The Acceptance At Complaint Only For The Crime Of Rape

In objective judicial practice, concealed crime numbers of the crime of rape is one of the highest type, larges of victims of rape cases don't hope judiciary public power to intervene. In face of such high "not reporting rate" This much a victim on crime "connivance" rather a victim on their rights maintenance. National should respect the "not tell" right of victims and public power in rape crime should appropriate alienation in this privacy field.First of all, beyond the prying eyes from the criminal law. From a sociological point of view, crime of rape always occurred among acquaintance. in China, this particular "social acquaintance" of the cultural environment, settling disputes between acquaintances tend to be "without cause" or "without law",so we should weigh how the public power go between advances and retreats. In accordance with the logic of feminism, rape crime interest only with women, so only women themselves can define rape, and decide how to choice. From the ethics case .To reveal the criminal law to protect women shrouded in the veil of warmth above, it is stressed that the premarital virginity and chastity after marriage discrimination against female chastity.And it is male-dominated patriarchal chastity under the concept of aggravated rape of harmful consequences, then increase the severity of their punishment. Construction of the general political system is based on the premise of safeguarding the rights of people's, women increasingly advocated the establishment of a just a real content and value as the core objectives of the political rights of political ethics. From psychology, the male regard rape to be crime, the punishment in fact is a cover and transfer of sexual jealousy. The enormous psychological pressure of the raped women is derived from the concept of chastity has always been included in some kind of discrimination.Secondly, consideration in the criminal law. Modern criminal law advocates limits of criminal law should be restrained, not expanded, criminal law should play as the last resort to protect the legal interests and maintain order, and other measures should be retained for the community to maximize space. Based on the position of Modesty, to correct the surplus of strong criminal penalties tendency to follow "the scope of intervention on behalf of the Criminal Code to reduce shrinkage doctrine of criminal policy direction." As the reputation of the crime of rape involving two sides, especially the victim side, so to allow victims to participate in the decision whether to intervention by the criminal justice process to resolve disputes. Rape involved in the reputation, privacy and other individual rights of victims, if the country against the wishes of the victim, forcibly helding the criminal responsibility of perpetrators, putting into action, victims will cause "secondary damage." On the contrary, criminal law no longer rigid intervention and accountability maybe a more appropriate choice.Again, the observation before the Criminal Code. The concealed crime numbers of rape is high. The size of the dark figure of crime is inversely proportional to how people feel the effect of intervention of criminal law. In order to respect the victims avoiding disadvantages of the options, we should understand they admit dark figure of crime of rape occurre in acquiescence. Criminal law is not a panacea, for the crime of rape, victims of their own play an important reason. We should stand from the perspective of position of criminology to control and prevent the incidence of rape crime.Finally, the confusion and go beyond after criminal law. In most countries, rape are not setted to acceptance at complaint only, but in Japan, Spain, Italy, Thailand, Finland, Switzerland, Austria and some other countries,it was setted to acceptance at complaint only in different degrees. Behind the legislation reflects the common motivation: to respect the wishes of the victim, to maintain their reputation and life-long happiness. After rape setted to acceptance at complaint only,redesign and modification of institution to meet the rational allocation of public power and private rights is necessary, so that the organic combination of the two: In the premise of recognition of the individual self-determination, in certain circumstances to allow the proper public authority to intervene to protect the smooth exercise of personal power to prosecute.