The Research Of Incriminate Problem On Marital Rape

Marital rape as an gray objective phenomenon has been a sensitive issue sinceancient times. This behavior is a period in the relationship between husband and wifein the legal sense still exists, the husband violates the wife will, by violence, coercionor other means, forced sexual relations with his wife’s behaviour. This behavior, thereis the source of long-term in a patriarchal society, women were regarded as theproperty of men, in the family life must all listen to men, so the right choice is nochoice. But since the modern times, enhance women’s rights protection awareness,significance of the changes of marriage, so there was a discussion about rape inmarriage problems, the requirements to autonomy rights in marriage women inmarriage, to protect women’s physical and mental health.But for this problem, there is no clear provisions of China’s legislation, noemphasis on the protection of rights of married women, there is no express provisionof marital rape is a crime. However, in judicial practice, the judicial organs of Chinafor marital rape, from completely denied in80is the transition to the90’s and theconditional partial recognition. It can be said that this is a kind of progress of ourcountry’s judicial. But because of the gaps in legislation, also caused our country tothis one problem, appear different codefendant situation, so the author to maintain thedignity of women and health of body and mind is based on the basic viewpoint, themarital rape.On this issue, in the legislative experience of continental Europe, America andWestern countries, there is the marital rape in the crime of rape, some directly aloneconvicted of "marital rape", some are included in other chapters of the "sexualassault".It generally occurs in the intimate relationship between husband and wife based,not easy to be found in third, is not easy to proof, not easy to be prosecuted. I thinkwe can be a special form of marital rape in the crime of rape, can be stated from thefollowing points: the provisions for the prosecution of crime, not only to respect thewill of parties, but also can save the judicial resources; the provisions on limitation of action, which is conducive to the evidence collection, protection is also conducive tothe husband’s rights, prevent his wife because he’s revenge; the introduction of thecriminal reconciliation and mediation mechanism, to protect the stability of familylife, is helpful to recover the relationship between husband and wife.