Theory Of Legislative Defects And Perfect Of Our Country’s Rape

Since twentieth Century, people gradually realized that in addition to female group, male group or a few special people will become to be sexual object, at the same time, women are also can be the implementation of the main body sex offender. In addition, same-sex rape problem in front of us. These behaviors and male rape women of crime, not only against the good habits and customs, and harm the social order, affect social stability.With the emergence of new situation, legislation of rape crime is also gradually changing. This article from the perspective of constitution of crime, one of these new changes, according to the concept of rule of law and legislation in the world, China’s current criminal law provisions for the crime of rape has lagged behind, therefore, it is necessary to recognize and read on this crime has been changed, and physical interpretation and legal provisions of the new. This paper uses the comparative analysis, deductive analysis, inductive analysis, research methods of theoretical analysis and practical analysis, starting from the constitution of a crime, analyzes the defects about rape of our current "criminal law" and puts forward some improvement suggestions. The main content includes three parts.The first part elaborated on China’s current legislation on the crime of rape definition, concrete types from the elements to the recognition, namely joint principal offender, indirect perpetrator, abettor and accessory four, women can become subject of rape is not identity, but comparatively speaking, the definition of the crime of rape is relatively perfect.In contrast with the second part of the foreign-related legislation, the author from the definition of rape, on the subject of rape, object rape, rape sentencing analysis of behavior and serious flaws in the existing legislation.The third part of the legislative requirements, endangering all aspects of society, the need to improve rape legislation described separately, and then the behavior is defined separately for the second part of the corresponding defect, rape subject, object rape, rape of ways and sentencing make sound recommendations.