China Rape Legislation Perfect

As an old eternal criminal topic, the crime of rape has the historyas long as the history of civilization of human being. The variouscountries have provided a lowest degree legal safeguard for people'snatural right by establishing the rape crime in the criminal law. Thisarticle in to rapes in the flaw analysis foundation to our countrycriminal law which the crime stipulated, outside the model territoryrapes the crime historical development the experience, unifies ourcountry the actual situation, proposed improves and consummates ourcountry to rape the crime the legislation suggestion. The full text total30,000 characters, altogether divide into four parts:The first part in this article is to outline the rape crime. In thefoundation of introducing the concept and harm of rape crime,proposed the importance and necessity of rape crime, also is the initialintention which this article writes. After that the author summarizedthe tradition of rape crime the rule which displayed in the realistic case,and had forecast the future developing situation in our country. In theend of the first part,PartⅡis emphasized having discussed our country's crime ofrape legislation defect, The author starts with the angle that thetradition committing a crime composes. In the subject of rape aspect,the tradition legislation pattern has removed a female being a personwho personally commits the crime of rape. The author has thought that,the same as women, men own sexual right. Sexual right means anindependent right during the sexual behavior. Sexual right should beprotected equally. As a person, man and woman are equal. Under theCriminal law of China, the scope of the person who personallycommits the crime of rape is limited to male while excluding thefemale. At the same time in this part, we have discussed the disputetopic, whether the spousal rape is regarded as criminal of rape or not.In the object of the crime of rape, corporal punishment currently in effect fails to contain all civil legitimacy right to the crime of raperegulation. Enjoy nature right like the male sex and the female, oughtto accept equal protection.In the objective of the crime of rape aspect, criminal our countrylegislation definition to criminal law crime of rape sufferer is confinedto the woman and the child daughter only, and it is short of thelegislation protection infecting the venereal disease to raping thevictim.The author questioning to the aspect of the subjective requirementof rape the female type of child in crime of rape. Since corporalpunishment currently in effect stipulates that close, need todifferentiate in practice to be raping and there be existed certaindifficulty in obscene subjective intention. At the same time, be rapingif child daughter need being to "be fully aware of", be returning broaddispute back to existence.PartⅢ, the legislation example having set forth crime of rape ofthe lot of country, and the author shown the development of outsidethe border crime of rape legislation in recent years. Successively havelisted countries such as Spain, Finland, Norway, Denmark, France,Canada, and Macao, Taiwan area of our country's crime of rapelegislation, have shown outside the border crime of rape legislationdeveloping trend.In partⅣ, the author have brought forward self perfectsuggestion about crime of rape legislation, the standard has carried outsystem , all-round expounding from crime of rape accusationformulation, characteristic and accomplished offense defining thesexual intercourse, and crime of rape again entirely.