On The Rape Of That Standard "Against Her Will"

In Chinese criminal law, rape means against her will, using violence,coercion or other means, forced sexual acts with women. Clear definition ofthe crime of rape will be "against her will" as an important part of theconstituent elements of the objective aspects. And "against her will" is anobvious element of subjective color, it is difficult to determine and identifythe lies in judicial practice. In this paper,"against her will" as a starting pointto study on rape in order to benefit the work of the judicial practice.This paper is divided into five sections:The first part: the analysis of the constituent elements of rape objectiveaspects, revealing "against her will." This element is the core objectiveaspects, and learn a variety of basic doctrine of Anglo-American legal systems,etc., and further analysis determined that "contrary to women’s will "is theessential characteristic of rape.Part II: Analysis by law for rape violated benefits proposed for rapeviolated legal interest is women’s sexual behavior does not consent to furtherfocuses on the "against her will" means without the consent of the victim.Part III: analysis to determine the factors by consent of the victim, thevictim agreed to absorb the relevant foreign identification mode theory, tryingto "against her will," the elements to be objectified stereotypes and focuses onunderstanding the wrong victim "consent" effectiveness issues and awareness of the possibility of human behavior without the consent of the victimanalysis to specific guidance judicial practice.The fourth part, the analysis finds that the coercion is rape "against herwill" external form,"against her will" is the basis of the content of coercion,be studied manifestations of coercion, substantive standards, and graduallyin-depth analysis "against her will" objective performance.Part V, respectively, the performance of several special cases "against herwill": the use of state of helpless victims of sexual intercourse, the victimdoes not agree with the behavior of people think that in fact the victimconsented to sexual intercourse, the victim has a mental defect, in a drunkenstate or not over14years old girl, first after being raped by investigation onmaintaining the adulterous relationship.