On The Scope Of The Rape Crimes Objects

Along with the development of the society, the criminal law should not be irrevocable, it should make the suitable revision according to the social present situation, in order to the penalty better display its prevention crime and the penalty crime goal. In view of the event of marital rape in recent years, as well as sometimes occurs the fact which male is raped by the female or the homogeneity, it has initiated the people as well as the legal person to the category ponder about on the missing crime object of the crime of rape. Moreover the overseas some countries either the area also the crime object which raped to the tradition has made in the legislation or the judicial corresponding revision, has provided the very good model pattern to our country criminal law correlation revision. Natural right to independence, regardless of men and women, whether regardless of is the husbands and wives, all should obtain the criminal law the equal protection. The revision of the crime object of the rape, on the one hand, the family is the social most basic unit, thus, In the safeguard the male's and female's sexual autonomy in family has very important social significance. On the other hand, in order to safeguard the masculine natural right, enable their rights could obtain the protection like the rights of the feminine. This article mainly includes marital rape and the male is raped two aspects, from male and female right equal aspect the responsibility for an offense punishment adapts aspect law profit aspect traditional natural culture idea aspect natural benefit aspect and so on, comprehensively elaborated the criminal law related the crime object of the rape exists in many limits and the integrity in our country. And gives the feasible revision comments: in legislation, expand the crime object of the rape to "the people" by the female, and punish marital rape as normal rape in the criminal law. In the administration of justice, put marital rape as private prosecution case. And always use the mediation principle.