Homosexual Rape Law Studies

With the reform and opening up and rapid development of economics in China, crime has gradually diversified, and more and more homosexual criminal cases happened. But because there is no corresponding provision in the existing law, some people drill a loophole to escape legal sanctions, while some victims are unfortunately getting penalties, which resulting in a very bad social impact. The public opinion also has a great discussion about is there necessary to put "homosexual rape" into Criminal Law, and make it become a popular topic of debate. So it is very urgent and necessary to face the homosexual rape cases correctly, especially to the rapid economic developing China. Law enforcement agencies face troubles, and the courts often make completely different judgment, and all these are mainly because the evidence is difficult to get and there is no legal support.There is saying,"Stones from other hills may serve to polish jade", this article will do a comparative legal study, making a brief introduction and evaluation about the jurisprudence and legal provisions both in country and abroad since ancient times to now, and some legal analysis and value analysis from both the time and space angles. Considering of China’s actual conditions and the people’s acceptance abilities, I’ll mention some simple suggestions to the homosexual rape legislation, hoping that can help to improve the modest contribution in the judicial practice.The first part is mainly about the history and the change about the punishment of homosexual rape in the following three time in China:the early Qing Dynasty, the late Qing Dynasty and the period of Republic of China, and the contemporary China. The second part is mainly about the history and the change about the punishment of homosexual rape in our country(including Hong Kong, Taiwan and Macao) and other countries, which based on continental law system and common law system. The third part is mainly about the major controversy of homosexual rape law problems in our country at this time. I will write from the judicial practice and the theory these two parts, in which judicial practice mainly has four different decisions. And the last part is mainly on the criminalization of homosexual rape, first I will legal analysis homosexual rape as a crime, and talk about how to improve the legislation of homosexual rape.