Research On Difficult Issues Concerning The Crime Of Rape

China’s criminal law theory is generally believed that the subject of the crime of rape is only man, the object of crime consists only of women, but with the development of society, a lot of new problems appear in the judicial practice, such as women rape women, men rape men, marital rape etc.. The author believes that with the spread of sex culture, the social public to mainstream cognitive scope of rape has gone beyond China’s criminal law on the crime of rape in the qualitative theory of criminal law, the theory of criminal law has lagged behind the reality of social development. Women raping men, women raping women, men raping men should be incorporated into the scope of criminal law, the crime of rape in marriage should be in.Violation of women’s will is the essential characteristic of rape, violence, coercion or other means to force women to have sexual intercourse is the crime of rape behavior. The standard of contrary to the identification women’s will, the intension and extension of sexual intercourse have changed a lot. The criminal legislation should also be changed with the times.The adjustment should base on consideration of the variety of sexual behavior.The one-sided accomplice rape crime refers to someone implicitly involved rape behavior when others implemented or are being implemented, while others do not know this. The one-sided accomplice rape includes rape one-sided perpetrator and one-sided accessory. The criminal law admits one-sided accomplice and it is good for the correct definition of the crime of rape in the criminal administration of justice. It has double value of theory and practice. To combat such crime accurately and effectively, the one-sided accomplice as one of the statutory aggravating circumstances of rape crime should be written in our criminal law.Gang rape is one of the heavier punishment for raping. The person who does not bear criminal responsibility turns to rape the same girl, though it does not belong to a gang rape plot, he should be punished in accordance with the "rape of women, young girls vile" plot processing. Two men gang raped,one accomplished, the other did not accomplish, both should be punished in accordance with the offense. The criminals who have not done can be completed in accordance with the accessory punishment. When adultery help others rape, gang rape plot cannot be established.When there are two gang rape criminals, effective suspension of a person means the establishment of suspension gang crime.If the offenders are more than two people,only the remaining people all stop to the establishment of the suspension of gang rape.