Research On Marital Rape

What is called marital rape means the action which a husband goes against will of his wife with ways of force, duress or others and has sexual intercourse with his wife during the time of their marriage. The case of WangWeiming happened in 1999 caused a dispute of crimination of marital rape. The range of that dispute is becoming larger now. This paper also arrages some disputes of marital rape and analyses them from the angle of "is"and "ought". This paper includes preface and five partes in all.The first part is the presentation of the problem of marital rape. According to the study of rape crime, the author gives a defination of marital rape. Meanwhile, the author explains the background in western countries that making the problem of marital rape focused and historical and cultural reasons in ancient China which limits the appearance of the problem of marital rape. Then the author unveils the historical development from "Nothing"to "Have" about the problem of marital rape in China.The second part introduces the outline of marital rape in foreign countries. Many of them change their attitudes from negation to affirmation on this problem. No matter negation or affirmation, they all show us a certain theories for supporting their opinions. The negationists have basis on theory of marrige promising and theory of impeling wife to revenge. The yea-sayers negate the theory of marriage promising and prove their opinions from the angle of woman's right so on and so forth. Judical practice in foreign countries also make different judgements on this problem, which reflects the changes on legislation of marital rape. Meanwhile, the situation of legislation of matital rape in some foreign counties is also recounted.The third part is the comments on some disputes of marital rape in China. It mainly introduces and discusses the opinions of marital rape on theory of criminal law of China. The author also points the attitute to this problem in judical practice of China. At last, the author illuminates her own attitude to this problem and analyses it with a method of "is".The forth part is the theoretic analysis of crimination of marital rape. From the angle of "ought", this part mainly analyses why marital rape should be criminated. The author proves...