The Qualitative Study Of Attempted Rape By Turns

Rape crime is a kind of our frequent personal crime, through the study of rapecrime problem, we can better deal with rape crime, attempted crime qualitative andpunishment, so as to better implement the principle of suiting punishment. Rape existsor not is uncompleted, and one other accomplice rape accomplished while failing toreasons other than the will of the completed crime can constitute the crime of rape byturn? Aiming at this problem, the criminal theory and judicial practice has beencontroversial, the scholars and practitioners have a word, public opinions aredivergent. Thus one can imagine, a great theoretical research value and significance ofthe problem in judicial practice. The paper studies the theory of rape behaviorqualitatively different scholars, by a lot of empirical and comparative definition to therape of accomplished offense and the attempted were discussed, and the rape of oneperson seduce succeed others attempted to launched a further discussion.The first part is the basic situation of the case. The introduction of the case,including, disagreement and debate aspects. In particular, Zou commits a rape case,the defendant He actions how qualitative, a rape by turns and attempted rape of twodifferent views, the focus lies in the common case of rape unfinished behavior namelyrape by turns attempt problem how to determine.The second part discusses the related theory of attempted raping by turnsqualitative. The qualitative around raping by turns attempted to expand, relevantconcepts of raping by turns and raping by turns attempted to define, and then analyzesthe handling issues related to raping by turns attempted qualitative. And starting fromthe relevant disputes raping by turns attempted qualitative, analyzes the relationshipbetween the raping by turns attempted qualitative and personally committed, carrieson the analysis to the raping by turns attempted qualitative results from the viewpointof value free.The third part is the conclusion of the case. On the theory of second parts basedon the analysis of the specific situation of the case, I agree with the point of view, Zou and what one does not constitute a raping by turns, Zou which constitute the crime ofrape crime, He constitute attempted rape and rape help make conclusions.The fourth part is the implications of the study on the case. This part mainly inview of the current judicial practice, raping by turns attempted cases appear differentqualitative and punishment situation in different courts, obtains the solution raping byturns attempt and some enlightenment related types of crime. By introducing theconcept of the offense, and re interpretation of China’s criminal law236article thirdparagraph fourth, proposed part behavior, some new ideas of responsibility.