A Study On Wang 's Marital Rape

In current China, marital rape as objective facts have been widespread in the field of moral condemnation and negative, but in the field of law, legislation, judicature and law theory has not been whether marital rape should become a legal fact and this problem by criminal law form a consensus. In our country, the legislature has not yet to include marital rape clearly in criminal law in the text, the theory research results relatively rich and practical legislation blank form bright contrast. The author thinks that, in our country has not yet to include marital rape clearly in criminal law, the marital rape into sin problem has important theoretical value and social significance.In this paper, by means of an empirical analysis case, first of all, to Wang Weiming cases case analysis of the breakthrough point, deeply discusses the contention Wang Weiming case, and from "BWS" whether should be as in the case of sentencing on the basis of the in-depth discussion; Second, the case is the appropriate legal analysis, discussed in this paper, mainly from two aspects do legal perspective and the perspective of criminal law; Again, on the basis of the resolution, in this paper, the necessity and feasibility of rape are drawn into sin; Finally, in view of our country has not yet clearly defined the specific standard of marital rape into crime, this paper puts forward the tentative Suggestions, in order to give our country legislation will marital rape at a reasonable policy guidance.