Marital Rape Study

Ancient and modern, marital rape as a special domestic violence in our social life in general and long-term existence. In the past because of the feudal patriarchal constraints, women's low status, their survival dependent on their husbands, there is no freedom and human dignity, not to mention sexual rights, and her husband occupied the exemption at that time the monopoly of criminal thinking. 1970s the rise of a vigorous Western feminist movement, women began to demand political, economic and sexual rights, etc. to obtain equal rights with men. With the development, social progress, there is growing concern of the right to equality, while marital rape is also beginning to be seriously.New Penal Code came into effect in 1999, Shanghai Qingpu District Court, "Wang Weiming marital rape" is our first sentence husband forced sexual relations with his wife's conduct constitutes the crime of rape cases. This decision came out, set off a storm of protest in China, as before, "Bai Junfeng marital rape" was the court acquitted the Yixian Formation of Liaoning Province, a tip of every tongue, criminal law scholars have different views in the marital rape and non-crime can not reach a consensus on the issue. Judicial practice, different decisions, legislation vague and undermine the authority of law, will inevitably affect the social and family stability.This paper is divided into five parts, about 20,000 words or so, which reads:The first part of cause of action: the case of this study illustrate the nature of marital rape.The second part describes the case: with the introduction of a marital rape case, as the object of this analysis and research basis.The third part is the focus of controversy: for the judicial practice in cases of marital rape were introduced in different matters of opinion, as the main line of this study.Part IV is divided into legal analysis. The course content includes the following five points: First, note in our marital rape is not a clear qualitative, so for marital rape crime or academic problems, with their different perspectives, the mainstream theory are, surely, denied that and said a compromise. Second, compared to marital rape in the domestic legislation in various countries and regions the status quo, to show that marital rape is a common phenomenon in all the world, as society progresses, people question of marital rape has become more profound understanding of many countries and regions of marital rape from the past to the present exclusion innocent husband exemption reflects the legislation's progress and the increasing protection of human rights. Third, explain the need for marital rape conviction. Whether an act constitutes a crime, the criminal law should not be included in the range of adjustment, we should first see if it has no harm to society, marital rape has serious social harm, it not only violated his wife's sexual freedom and human dignity, will induce a variety of other crime problems, affect the social stability and family harmony. Fourth, from the perspective of a crime of marital rape, are discussed. Although marital rape has married this coat, but its essence is no different with the rape, are against her will, forced sexual relations with the behavior of legal marriage can not be "marital rape" illegal of negates the subject, the husband is likely to constitute the crime of rape. Fifth, the crime of marital rape, the legislative proposals. In view of marital rape is different from the ordinary crime of domestic violence, it has its own complexity and specificity, and other domestic violence crimes should be treated differently, not suitable for ordinary rape litigation system and solutions, private prosecution system and the possible mediation better protect the privacy of the parties to maintain social and family stability.Part V for the conclusion of the study, according to the instructions in this case covered by the legislation should be as marital rape, rape, convicted and punished.