Criminal Laws. "marital Rape"

Marital rape as a social phenomenon is not rare. Such behavior is similar to crime of rape in the criminal law, so there are a lot of discussions over it. For the same reason, it's often called marital rape instead of rape. The behavior can be defined as: husbands have sex with their wives by force or coercive manners. Because of harms of such behavior against the society, it's really necessary to make a deep analysis about it so as to give suggestions and guidance for legislation.The article consists of six parts.Part one is on the origin of the issue of marital rape. Based upon findings of such issue at hand, it's proved that such a behavior is not only quite common in reality, but also seriously harmful against the society, after introduction of its origin, history and tentative analysis of the cause of its existence. It concluded that it's necessary for such crime to be discussed from the perspective of the criminal law.Part two is on comparison of the present situation of marital rape home and abroad. Such crime has become a worldwide problem widespread in the history. Measurements adopted by every government against it are far from each other. However, all will agree that the main concern about it in terms of criminal law is whether marital violence like it should be excluded from crime of rape or not. The article deduces the present situation of marital rape in the field of legislation and judicial practice from two real cases. Then it holds that such a crime should be handled in a humane manner according to criminal law.Part three is on argumentations and troubles in theory research and...