Analysis Of The Problems Of Gang Crime

There's no accusation of gang-rape in the Criminal Law of China, in which Gang-rape is treated as a crime with aggravated circumstances of rape. Because of complexity of gang-rape, there are different opinions in the concept of gang-rape, the character of inciting person without capacity of criminal conduct to rape by turns, the problem of attempted crime, the character of adultery after gang-rape. In this article, the author establishes the concept of gang-rape after analyzing all kinds of correlative concepts. Then, the author thinks the action of inciting person without capacity of criminal conduct to rape by turns doesn't belong to gang-rape according to the theory of indirect guilt. About the problem of attempted crime, the author thinks all members constitute of consummation of a crime in gang-rape, if one of them constitute of consummation of a crime in gang-rape. On the character of adultery after gang-rape, the author considers it to be a crime of gang-rape on the base of studying relevant law and principle of justice, although the doer could be given a less punishment.