Homosexual Rape Legal Thinking

Traditionally, the offender of rape can only be male, but female only be victim. After the mid-20th century, people have changed the ideas of sex and the equality between men and women. Many countries and regions deepen understanding of the crime of rape, and the rape of legislation has been changed. In China, the rape between the same of sex has been popular, but our country's criminal law isn't applicable. So it is necessary to improve criminal and change it.The necessity of China's homosexual rape legislation is discussed from the four aspects in the thesis.The first part, it analyses the notion and the trait of homosexual rape so that we can summarize it's constitute.The second part, analusing the current situation of the homosexual rape in our country, it includes three types: male rape male ,female rape female and so on.Because it is margin in China, we should reinforce the research. Many countries is advanced in the aspect so we should study from them. The part is on the crime of rape in our country and the developed capitalist countries, Hong Kong, Macao and Taiwan, the United States and Britain of the crime of rape inspection. Through legislative and social system and other aspects of crime constitutes a comparative study. Homosexual rape legislation and the establishment of China are useful to ponder.The third part is on the analysis of defects in the offense of rape. First, the crime of rape is the main defect analysis, followed by analysis of flaws in the legislation object rape, finally, the lack of analysis of this model. The fourth is on the legislative building our homosexual rape. According to China's national conditions, from the three initial legislation on homosexual rape, the status two homosexual rape, homosexual rape of three legislative issues, homosexual rape legislation.