The Comparative Study Of Rape Crime Between China And South Korea

Rape is a serious crime against the natural rights of the person, not just the person the right to health of its major violations, but also as a natural person and the existence of rights, especially sexual autonomy, and therefore countries since ancient times are the criminal law and regulation the object hit. After World War ?, with the Anglo-American, German and French as the vanguard of western legal developed countries have to modify its provisions on rape and jurisprudence, to expand the scope of protection of criminal law from the sexual rights of women to the sexual rights of all individuals. Fundamental practices in these countries, is to "rape" behavior from a simple genital contact insertion and genital between extended to include the mouth, anus and other acts of sexual organs can occur inserted. In 2012, China and South Korea belong to the Confucian cultural circle, also adopted the practice of these countries, by setting the "Class rape", the sexual rights of all individuals into the criminal law protection. In contrast, China's current criminal law is still lagging behind in the state, including the still male sexual rights, gender transition persons protected excluded.The author believes that China and South Korea have a lot of commonality in the cultural ideas, breaking the traditional concept and approach embodied in the national criminal law of our country has sufficient reference and reference value. In view of this, the paper rape from our rape Regulation and reality contradictory diversity Crime object between starting compared to each other with the Korean criminal law in the identification and regulation of the crime of rape investigated Korean criminal law legislative system on rape, and the rape of a specific regulation on whether there is sufficient reference, then put forward the need for reconstruction of the crime of rape, as well as how to reconstruct the idea put forward their own proposals.In this paper, the body part is divided into the following:The first part is an overview of the crime of rape. This part defines the concept of sexual rights, and the rape and its characteristics were defined. After analyzing the various countries in criminal law legislative trends rape proposed international and historical trends rape legislation.The second part of our rape-related issues are outlined. The definition of rape, regulations, crime and other finds from the angle of the portion of the current legal framework, the analysis of rape in the status quo of regulation, combined with the specific case, reveals the main set of rape in the existing problems.The third part, on issues related to South Korea rape are outlined. The part to be analyzed from the South Korean legal system related to rape definition, identification and other legislation, combined with the relevant jurisprudence of Supreme Court of South Korea, the analysis rape legislative intent and value in the Korean legal system, as compared with China's relevant system We conducted a fundamental analysis.The fourth part of the legal system in China and South Korea rape and identified the main problems were compared. The part by comparing the ROK specific laws and regulations applicable jurisprudence, analyze Korea is worth our reference in the rape object identified advanced place, determine the argument of this article:Korea fully draw on advanced ideas of legislation should be free of all natural persons adjustment and rights into the scope of the crime of rape.The fifth part, by improving the regulation of rape on some of the recommendations. This section based on the foregoing conclusions, first determine the Korea Legislation on rape have reference premise, then put forward the construction of a sound legislative framework, improve the legislative technique, to expand the scope of the object of rape, as well as the new "class of rape crimes "and other specific reference program.The sixth part, we put forward some suggestions to improve the regulation of rape in China. The conclusion based on the results before. First, it determines the Korean legislation of rape crime premise of great significance to our country. And then, it puts forward the construction of the legislative framework improving legislation technology and expand the crime of rape and the new object scope. Finally, it suggests the "rape" specific reference scheme.The seventh part, conclusion.