Analysis On The Conviction Of "marital Rape"

Her husband during the marriage against his wife will, by violence, coercion or other means rather than whether the sex behavior constitutes rape has been one of the debate of international law. Qualitative research on the controversy, because \ "husband exemption\" the existence of this basic principle, international criminal jurisprudence research attitude to the concept of marital rape is always negative. And many countries in the judicial practice of the controversial action law and finally decided that is not the same. The feminist movement all over the world in mid and late 20 th century, men and women in aspects such as political, economic, cultural and sexual rights gradually tend to equality. \ "Husband exemption\" also begins to be continuously questioning the rationality of the principle and Britain, the United States, Germany, France and other countries began to rule out the principle of inequality, and to her husband as the main body of rape to be sure, at the same time some countries even further in the body of the marital rape of legislation constantly breakthroughs on the set. But the present situation of the marital rape in our country is still not optimistic, especially on the legislative basis is still ambiguous. In judicial practice, because the court’s regional differences, often leads to similar cases appear different as a result, the judicial practice difficult to unity. In the long term, which makes people expected has been in the condition of not clear about this, and then to the maintenance of the legitimate rights and interests of the parties caused great difficulties. On by, our country on the issue of marital rape, urgent need to clear the nature of them. So this paper starting from the source of marital rape, through research domain in the legislation of marital rape inside and outside development, combining the theory of academic evaluation and discussion, to put forward our country should apply point of view on the issue. And finally put forward the way and method to solve the problem of such, for our country’s marital rape dilemma to find scientific and systematic solution.