The Analysis Of Marital Rape Conviction

In China, domestic violence has become a serious social problem already, and the Sexual violence has become the main content of domestic violence. Widespread the phenomenon of marital rape is not only seriously hurt the party as his wife physically and mentally, but also greatly damaged the family and social stability. However, because criminal law scholars have not yet formed a legal nature of maritalrape a consistent understanding of, Judicial practice in the trial of such cases has been in a quandary, even it offen occurs at even the two cases are similar with the two extreme guilt and innocenceverdict, This seriously undermined the authority of the law.1 consindered that, Jurisprudence in the marital rape is a major qualitative analysis of the interference bytwo factors: One is the interference of traditional Chinese cultural factors, so that the jurisprudenceof the marital level of compulsory acts harmful to society whether the crimeorganization were divided; The other is the subject of marriage between perpetrators and victims of interference, so that the jurisprudence in the mandatory acts between husband and wife have adisagreement on the nature of a criminal offense. Views on the analysis of the parties involved, I consindered that, Victims of marital rape the wife of serious physical harm to individuals, and also on family stability, causing a serious threat to social stability, Rape within marriage has a degree of social harm, At the same time, marital rape his wife of their own decisions on violations of the right is the object of its most essential features of, Marriage does not absolve the criminal nature of its,Mandatory within marriage constitutes rape.