Research On Marital Rape

"Rape Problems within Marriage" is the hot question that the punishment law circles probe into continuously. Meanwhile, it is also an extensively concerned hot question of people of various circles of society. Because of the viewers' positions, the complexity, sensitiveness, close ties with individual and interests related to this question, the discussion of this question often involves a great deal of differences. The awakening consciousness of women's right and the powerful influence of the western philosophies led some people relying mainly on woman to incriminate rape problems within marriage to greater heights. While among law people who pose as sensible, some have already adopted such proposals. However, the regrettable fact is that in former discussions, those who are for the proposal only seek supports from the overseas practice, ignoring the difference in local complications, which renders their proposals infeasible. On the other hand, those who are against such measures seek their supports from its theoretical frames. Both sides have the defect of neglecting the circumstantial backgrounds and viability. Hence the inevitability of intensifying disputation on such problems.This thesis is to focus on this debate. With an introspection of the contradicting opinions of these problems, the reasons for "rape within marriage" are to be analyzed. A summarization of the world wide solution to this problem is to be elaborated. This thesis is to dig into the question whether or not "rape within marriage" is to be incriminated by means of various theories, positivism and indigenization vision, so as to conclude that "rape within marriage" is not viable to be incriminated, together with which, the feasible measures for this problem are to be raised in the end.The thesis is to be divided into ten parts respectively belonging to introduction, the main body and the conclusion. The main body is divided into eight chapters. The first chapter analyses the concept of "rape within marriage". By proving that it is an objective existing problem, eliminating its former ambiguities, this chapter establishes the problem as one inevitable. The second chapter examines various views on this problem, analyses them and evaluates them. The third chapter seeks the causes of "rape within marriage". The emphasis in on analyses of its historical, social and sexual backgrounds, because of which, the causes are actually multiple. The fourth chapter summarizes worldwide legal reactions to "rape within marriage", pointing out their separate local features. The fifth chapter, the sixth chapter and the seventh chapter respectively basing on theoretical frame, positivism and localization, analyze the reasons against incrimination of "rape within marriage". The eighth chapter raises the measures suitable for problems of "rape within marriage". The conclusion is a brief review of the previous parts, stressing that "rape within marriage" is not suitable to be incriminated in our country.