A Study On The Criminalization Of Mandatory Behavior In Marriage

With the pace of global economic integration, China is becoming more and morepopular in the western economic, cultural and ideological aspects, especially in thelegal framework model, marital sex crime subject in China is getting more and moreattention and concern. This paper from the longitudinal historical carding laterallyinto reality, grasp the world endogamy within mandatory behavior crime trend ofdevelopment, and to reflect on the Chinese recognition and grasp the existencequestion as well as the concrete operation to plan. This paper is divided into threeparts, a total of twenty-five thousand character retinue.The first part of this paper through the case of introduction, the marriageconcepts discussed, in the name of marital rape, criticism of this name. Introduced thehistory and current situation of the development of behavior. Thought from legislationspirit perspective has been explained by marital sex crime is an inevitable trend, basedon the protection of women, but also on the authority of the law and the guarantee ofsteady development of society, the vacancy can not long persist.The second part of this article mainly discussed the marital sex crime theory,separately from the crime three several features: the social harmfulness, criminalillegality and punished the theoretical foundation proceed with, analysis of maritalmandatory behavior consistent with the above three characteristics of crime, and hasuniversality and implementation, in addition to the academic circles for the behaviorof the crime and not academic contend analysis, think the marriage in the mandatorybehavioral incrimination of necessity and feasibility.The third part of this article mainly is the marriage of coercive behavior. Putforward specific legislative and judicial suggestions. Analysis of the behavior of crime,constitution of crime, the crime with the non-crime, this crime and crime and thecriminal liability. From the substantive law and procedural law two respects putforward feasible legislative and judicial suggestions.