Analysis Of Adding Marital Rape Into Crime In China

Marital rape, either from social perspective or from a legal perspective, is a complex problem. Its harmfulness goes without saying. It infringes woman’s sexual rights, and it can not make up the harm both psychological and physical. The family, as the basic social cells, were undermined, and it ruptured the stability of society. In China, some marital rape has not resolved by both the private relief and the existing laws, so the criminal law intervention is imperative. However, the intervention of the criminal law is to be based on a correct analysis of marital rape theory, and analyze the present situation of China rationally. This will not only fully affirmed the dangers of marital rape, but also made the law a catalytic role in the development of the society. The author use the empirical analyze method to conceive the concrete issues, to adding marital rape into crime in China by analyze typical case, appraise different theories and learn the experience of marital rape legislation from other countries and regions. To be able to have some help on the improvement of relevant legislation and similar cases of judicial practice.The full text is divided into six parts.The first part, typical case. The cases of Wang Weiming and Wu Yuexiong. The part introduced the fact of two cases, judgment and results.The second part, the analysis of typical cases. Specific analysis typical cases from Marriage Law, Criminal Law and Jurisprudence perspective respectively.The third part, legal thoughts of typical cases. This part is mainly written legal thoughts of typical cases. The aim is unified guiding ideology by analyze all kinds of marital rape theory, then adding marital rape into crime.The fourth part, the related legal system construction and inspiration in HK, Taiwan and abroad. This part mainly analyze the development of marital rape legislation in HK, Taiwan and abroad. Based on this part, it can be concluded that marital rape crime has its inevitability and strict premise.The fifth part, the concrete conception of marital rape crime. This is the most important part of this article. Combining the third part with the fouth part, it can conceive the concrete issues of adding martial rape into crime. It concluding:adding martial rape cases into crime rules; limiting martial rape on crime and sentence; clearing martial rape on premise of private persecution; limiting martial rape on duration of lawsuit; preposing mediation in lawsuit of martial rape crime.The sixth part is conclusion. It summarizes the important part of the full-text, and look forward to adding the marital rape into crime as soon as possible, then protect the rights of women profitably.