The Legislative Defects And Improvements On The Crime Of Rape In China

The crime of rape has been considerd as a kind of serious violations tramping women's personal rights and dignity,and also it destructs the social order.With the social attitudes'changing,the sex crimes exist some new features.The traditional understanding of rape couldn't fully cover the new circumstances of the crime of rape. The article analvse the defects of the Criminal Law of the rape,and references other countries'legislative experience,combining with Chinese national conditions and traditions,put forward to the improvement of legislative proposals.The full article is about 30,000 characters,and is divided into four parts:Chinese legislation's ralated defects from the traditional Crime.Such as the subject of crime,the traditional legislation model of rape exclueded women as the derect Principle of rape.Meanwhile, the legislation does not explicitly stipulated the status of her husband has also led to some differences in judicial practice. In the criminal object, the traditional legislation can not be right for all citizens to protect the legitimacy of. Objective aspect of crime, the criminal legislation has resulted in our conservative definition of the concept of the sex seems too narrow, so that regulation can not exist in reality part of the sexual assault.The author first explain that the legislative changes should adhere to the principle of the relevant. And from the perspective of Crime legislation to improve the conduct of the relevant:first, the females should be included in the crime of the main component and the "marriage inner rapes" Legislation should be cautious; second, the criminal object should gradually play down gender assumptions; Third,sexual intercourse should be defined more broadly by legislative means to protect the legitimacy of interests for every citizen. Fourth, the sentencing should reduce the appropriate punishment to for the crime of rape,and increase the sentencing unit.