Inquiry Of Some Problems About Rape Crime

Desire is the root of breed crime, the crime of rape since ancient times is the high incidence of crime, it is not only a violation of the rights of individuals, but also pollute the social good weathering. Long-term influence of feudal moral order, the root of patriarchal ideology rooted, long-standing social status of women is not high, is considered masculine accessories. Rape legislation aimed at protecting the chastity of women’s rights, is also from a deeper understanding of the context of the protection of male supremacy, the exclusive legal rights of women.However, with the development of the times, open-minded, and the feminist movement in the rise worldwide, homosexuality is increasingly common in social life, sexual behavior diversified trend in today’s society, the awakening of the consciousness of women, such as women rape men and homosexual rape and other new types of rape cases in recent years often found in newspapers.Taiwan in 1999 for the crime of rape were amended legislation in other countries have legislation on the crime of rape on continuous improvement to meet the new problems caused by social development. In China, since 1997, enacted amendments to the Criminal Code, the crime of rape, the absence of any meaningful correction, so the lack of legal support new types of rape cases in judicial determination, the traditional pattern of rape crime legislation faces enormous challenges. Therefore, by drawing on theoretical research, legislative judicial experience outside the region, a number of new problems Research on the crime of rape has sufficient necessity.Firstly, brief legislative history of rape, excavation finds defects and unreasonable judicial and legislative rape exist, through case study and learn from foreign crime of rape, trying to rape a crime related issues for more in-depth explore, and issues related to the crime of rape judicial determination made their views. And based on the conditions put forward suggestions to further improve our legislative and judicial rape in order to build the system finds the perfect crime offenses criminal punishment system and mechanisms to adapt.The full text is divided into five parts, the first part is an overview of the crime of rape. The first is a clear concept of rape, rape legislation in our history were simple sort, introduced the legislation and relevant judicial interpretations. Then introduce Taiwan, civil law and common law countries, the crime of rape-related research as well as the status of the Legislative and Judicial Development Theory.The second part of the depth of my judicial determination of the crime of rape and legislative deficiencies exist. First, contrary to the will of the victim identified the existence of difficulties as well as multi-standard Accomplished rape and other crimes of the basic finding of unreasonable. Elements of Crimes objective limitations, narrow definition of sexual intercourse, the main object of the limitations of crime, resulting in the protection of the missing men’s sexual autonomy, contrary to the constitutional principle of equality. Also among the homosexual rape of the legislation in the blank, follow a single pattern indictment on rape prosecution, and punishment set unscientific, lacking mental anguish of victims compensation system, which also needs to be improved.The third part is to explore the issues identified on heterosexual rape. With case, from the violation of the victims of both the will and the means to analyze the behavior of the norm of how rape conviction, and the Accomplishment and attempted rape, suspension were defined. Finally, the very state of rape, such as oral sex, anal sex, and other acts of foreign objects into elaborate how the conviction.The fourth part is about homosexual rape investigate identified problems. Firstly, the subject of homosexual rape, subjective and objective, and then combined with case studies, by drawing on relevant research outside homosexual rape, rape identified common among homosexual rape and homosexual views, and the difference between female and male homosexual rape inter-related issues identified.The fifth part is about the perfect crime of rape Legislation recommendations. Elements perfect first objective, reasonable definition of the concept of sexual intercourse, and expand the main object of the criminal offense to try to make the citizens of full autonomy and powerful protection. Then improve the prosecution and punishment of criminal litigation model proposed mechanism to implement a combination of public prosecution and private prosecution, sentencing standards and the establishment of scientific refinement victim moral damage compensation system. Finally, legislative changes made recommendations to the crime of rape is more reasonable and perfect.