Research On Early Marriage From The Criminal Law Aspect

Social Correspondence Theory is tested through several practical cases discussed in this paper. Further more, combined with the provisions of the criminal law of our country and relevant judicial explanations, we investigate an ubiquitous early marriage phenomenon in Xihaigu region, northwestern part of Ninxia, and discussed the question whether the man marring the underage girl and having sex with her will be convicted to rape or fornication with an underage girl. Meanwhile, we additionally choose typical cases in Yunnan ethnic minority areas to discuss this certain problem.Four parts are consisted in this paper.In the first part there is a general introduction of early marriage phenomenon, including its definition, performance and reasons.As prescribed in paragraph 2 of article 236 of the criminal law of our country, and the law article 19, article 20, article 21, the provisions of article 27 on the sexual assault the opinions of the minor crime punishment prescribed by the supreme people’s court, the supreme people’s procuratorate, ministry of public security and the justice department on October 23,2013, we definite statutory rape behavior and explore the problem of underage girl’s rights protection.In the third part we further discuss that the man who have early marriage with the underage girl rule out illegality substantially, based on a general knowledge of the Social Correspondence Theory and its theoretical foundations.The last part is a summary of this paper.