Legal Consideration. Forced Sex Within Marriage

"Marital rape" has no provision in the penal code of our country.But to that type of processing of behavior, there appeared two contraryresults now: guilty or guiltless .Because of the development of thewomen's liberation, husbands can become the corpus of "marital rape"in western countries. At present, the theories field has variousstandpoints about this problem, but all this failed to become a theoriessystem.This essay, with total of 35,000 words, consists of 7 parts asfollows:The first part discussed ancient west to have relation with Chinarespectively the history of "inside marriage have no rape". At the ancienttimes, the female doesn't have independent economy, social status, theycompletely belong to the male, so there was no concepts such asso-called "woman's rights" and "marital rape", etc.The second part discussed relevant theories conflict of problem of"marital rape" and it concerning nation of lawmaking .In order to havingno crafty history inside marriage, certainly this from a lot of the reasondecide of, up to the present, a lot of national in the world of the law bethe premise of rape the non-marital relationship, to the rationality ofthis parlance, many scholars still carry on argument. The scholar whonegates "marital rape" this to all read aloud successively put forwardand became three kinds of standpoints: Promise theory, make reprisalstheory, violence theory. These three kinds of standpoints once waswestern nations' essential thought for this problems, along with thedevelopment of economy, social progress, rise and development ofwomen's liberation, the female sex right was more and more valuable. Apart of national beginnings approve "marital rape " to combine to write"marital rape" into penal code. In our country penal code and it didn'thave provision of involve this aspect in the judicial explanation, thisgive our country the judicial fulfillment brought a lot of problems, same of an individual case go to the different court to take up may be differentof verdict result.The third part enumerated our country two cases which have arepresentative: Wang Wei ming's case and the case of Jun Feng.The fourth part from the angle of the crime composing analyzed"marital rape ".Because of the special of marital relationship, the husbanddiffers from the man in the rape, his special attribute comes to a decisionhim to have power to have sexual behavior with wife, this be also abasic contents of marriage, his behavior of unfit don't represent lose anyright. The fifth part by the angle of criminology and sociology to inquiryinto " marital rape "The sixth part put an angle of view in the fulfillment, if admit"marital rape", will appear many fulfillment's problem that can'tresolve. If don't consider fulfillment, just around the theories carry on astudy and it will be unmeaningful. The last part of the article pointsout the approach that is used efficiently for solving the problem.