Research On Chinese Criminal Law Rape Problem Improve

With the continuous development of society, the continuous progress of human civilization, the traditional concept of sex and sexual thoughts are subtle changes.Especially in the continuous development of the world’s human rights movement in the20th century and the rise of the feminist movement, woman’s status has been significantly improved. Women of their rights protection awareness is gradually enhanced.In addition, the gradual legalization of same-sex read the gay community is growing.Which triggered a series of sex-related crimes.In view of our current criminal law on the crime of rape law has not adapt to the social reality of the need to fight crime.Author from the two perspectives of the male sexual rights and protection of the rights of women.Focuses on the protection of the rights of the male sexual female-male rape mode, the rape of protection of sexual rights in marriage between husband and wife, suffered sexual rights of same-sex rape protection of these three aspects of the problem.Since human beings have consciousness to the national legislation for sexual offenses also with the social history of the development process of continuous development.In modern times along with the improvement of people’s awareness of their rights and the concept of progress, the community also gradually different with the traditional definition of rape, sexual assault cases.Such as female-male rape, marital rape, the issue of same-sex rape.Rape in China from the current definition, the different perspectives of domestic scholars,It can be seen rape legislative shortcomings in the criminal law, including the absence of the female body, the lack of same-sex subjects, the lack of her husband’s main three aspects.Female-male rape mode.Can be drawn based on the basic definition of sexual rights, men with women should enjoy the same sexual rights, the subject of sexual assault should be equally protected by law.However, the reality for the of restraining criminal law and other factors to consider but did not do soAuthors believe that either from the physiological factors, psychological factors and social realities female male rape has its feasibility.Protection from serious harm to male sexual abuse and the protection of the rights of male sexual significance of male sexual rights has its necessity and urgency.Marital rape as a serious social problem, a substantial presence in the social life of our country.However, China’s judicial practice for the judgment in the case of marital rape, with no definite legal guidelines, in practice, faced with the embarrassment of potentially conflicting. Domestic scholars marital rape say for sure, negative and compromise that three main points.Of departure from the legal reality of these two aspects of the marital rape incriminate the feasibility and necessity.Along with the progress of the concept of sex, the gradual emergence of same-sex sexual intercourse.At the same time, homosexuality, and sexual intercourse enlargement leading to a large number of homosexual rape occurred.In practice, same-sex rape there are three basic modes:between ordinary men, ordinary women and gay.For same-sex rape either from the tangible bodily harm with intangible rights violations have serious social harm.Ancient and modern legislation on same-sex rape is the negation of this behavior, and therefore authors wish to draw a lesson from the homosexual rape to incriminate.Protected by considering the rights of women-male rape, marital rape and homosexual rape.The author puts forward some proposed measures to improve the criminal law rape:Including,Subject and object of the crime of rape should be expanded. Criminalizing marital rape and proceedings choice-private prosecution. The statute of limitations-6months. The introduction of mediation mechanisms, etc.Finally, from the definition of sexual intercourse enlargement gives the relevant recommendations of the protection of the rights of homosexual rape sex.Through the analysis and discussion of this article.The authors hope that China’s criminal law on the crime of rape legislation in the near future can be gradually improved, in order to better protect the sexual rights of each person.