Study On The" Marital Rape"

With the development of the feminist movement, the international society for the protection of human rights of appeal, marital rape this unavoidable facts for the attention of people, but also become a hot issue of law. With the profound research on this problem, the Chinese traditional legal ideas and the modern idea of rule of law have a fierce collision, in the judicial practice is conflict, contention of a hundred schools of thought in theoretical circles is, therefore, necessary to have marital rape is a comprehensive and profound discussion.In this paper, through the analysis of the problem of rape within marriage quality, so as to prove the historical inevitability that marital rape should be convicted of. This paper is divided into six chapters, the first chapter is the introduction, the second chapter briefly introduces the definition of rape in marriage and the causes are analyzed, the third chapter focuses on the Chinese about rape in marriage controversy and author, the fourth chapter is the analysis of marital rape should be convicted of reason, the fifth chapter introduces the foreign for rape in marriage law and the conception of criminal law processing mechanism about rape within marriage, the sixth chapter is the conclusion.