On The Constitution And Determination Of Rape From Li Moumou 's Case

Rape is a typical sexual assault crime, as one of the crimes of infringing upon citizens’ rightof the person and democratic rights. This crime has always been the focus in the criminal lawboth in theory and practice. In2013, the case of Li has been one of the hottest topic propagatedon the social. Li’s first trial was held by The people’s court of Beijing HaiDian division, theappeal was held by Beijing No.1intermediate People’s Court. The appellate court said the firsttrial should be maintained. But it haven’t stop the discussion about the case. There are someissues which worth discussing.The first part of this article is about Li’s case,including the trial and some issues. In thesecond part of the article,we will explain what is rape and the constitutive requirements of rape.And combine with Li’s case to clarify whether Li, who acts constitute a crime. In the thirdpart,we will lay special stress on analyzing whether the “gang rape” exists in Li’s case as theIncreasing-Punishment-Details of The Rape. Part IV of the paper, our analysis will focus on thereview of the evidence of the case. In the last part of the article, we will comments on the issuesrelated to Li’s case.