On The Puzzling Question Of Gang-rape

Rape is a high incidence of sexual crime seriously infringingupon women’s personal rights, and as the crime of aggravated rape,gang rape and its harmful consequence is self-evident. On one hand,recent media reports on Li Tianyi’s case about the so-called"establishment of gang rape crime","rape of the first man does notbelong to gang rape" are so unprofessional that we can draw aconclusion there are many misconceptions on the gang rape crimeamong people. On the other hand, China’s "criminal law" and thejudicial interpretation of the connotation and the judicialdetermination on gang rape are not made clear, and the research of rapeby criminal law scholars is less. In addition, cases of Gang rape whichare intertwined with the aggravated offense by circumstances theoryinvolve the joint offence theory and the personal offense theory. Tosum up, gang rape has an in-depth study of value.In order to conduct a reasonable qualitative theory of gang rapeand contribute my own power to the judicial practice, this dissertationintends to proceed from our existing judicial decisions, analyze thecontroversial theory of gang rape crime, discuss the subject of gangrape behavior, discuss the connections and conflicts between gang rapeand the three patterns of the joint crime, discuss suspended patterns ofgang rape and rape and also discuss whether it is necessary andreasonable to establish the crime of gang rape independently.Specifically, this dissertation includes five parts: First, thebasic connotation of gang rape. It mainly includes the qualitativeanalysis of gang rape behavior and the summary of the controversialtheory of gang rape crime. At present, only in "Criminal Law"Article236, paragraph3(d) above are clearly defined the gang rape as aggravating circumstances for rape. The theory is not yet a unifieddefinition of gang rape. Each scholar has their own interpretation ofthe gang rape.In this paper, I select the definition of Professor WangZuofu, Zhang Mingkai and so on to compare and analysis those threedefinitions. Then summary the theoretical definitions this article infavor. Second, the establishment of the gang rape crime and the subjectof the gang rape crime. We will analysis the Judicial practice,which issituation of no criminal liability and criminal liability jointimplementation adultery. First, analysis the cases have been judged inthe court to leads to problems. The problem is no crimina and criminalliability joint offence how to judge. Third, patterns of the joint crimeand gang rape. They are related to the cases as a starting and disputedpoint between the gang rape and joint crime. Furthermore, the authorexpresses her opinions on the matters of argument and solves themeventually. By analyzing the joint offence of gang-rape, the dispute canbe solved by the theory of Unilateral Accomplice. For Sided rape,insiders can be raped by a heavier penalty and the uninformed can bepunished in accordance with the ordinary rape. Fourth, the ceasedforms of gang rape and rape. Also from the related cases, we discusswhether there are suspended patterns in the process of implementationof gang rape behavior. Analysis this part by personally committedtheory. If there is only one person succeed is not gang-rape. And two ormore succeed, who succeed is gang-rape, others are suspended patternof rape.Fifth,opinion analysis on the establishment of anindependent crime and analysis on whether it has the necessity andfeasibility to establish "gang rape crime". Finally we will conclude that"gang rape" set up independently does not have the necessity.