Research On The Rationality Of Separating The Crime Of Marital Rape

Marital rape is a global social problem.In the 1950s and 1970s,a mighty feminist movement was carried out in Western society,and marital rape was achieved at this time from the objective facts to the difficult reality of legal facts.In our country,with the occurrence of Bai Junfeng case,Wu Yuexiong case,Wang Weiming case and Chen Yan case in recent years,the qualitative problem of marital rape has caused fierce controversy in China's criminal law theory.The judiciary on the case of similar marital rape cases are very different results,I have to say that this is disrespect for the law,this is also an obstacle to the process of building China's socialist rule of law.In order to solve the problem of different cases of marital rape cases,to maintain the independence and unity of our socialist rule of law,the author believes that it is necessary to demonstrate the problem of criminalization of marital rape,and on this basis,the author carry out a study on the specific system of marriage crime of marital rape.This article combs the issues related to marital rape,including the introduction,the text,the conclusion,including five parts.The introduction part of Wang Weiming case as the starting point,leads to our country on marital rape behavior qualitative different academic point of view,and then discusses the criminalization of marital rape,the rationality of single crime in marital rape crime.The first part is an overview of marital rape.This part is the basis of the whole article,in this part of the author mainly explain what is "marriage",what is "rape";the particularity of marital rape in the sociological sense.In the second part,the author mainly discusses the problem of marital rape crime.Through the introduction and analysis of different theories and theories of marital rape in China,through the introduction of the social dangers of marital rape and the trend of rape in foreign marriages,it is concluded that marital rape to be criminalized.The third part is about the rationality of the crime of rape crime in marriage and the specific system design.This paper introduces the specificity of rape crime in marital rape crime,and introduces the specific system design of single crime.In the conclusion part,the author once again combs the main frame of the article,and clarifies the general idea of the article:on the basis of discussing the criminalization of marital rape,a single marriage rape is needed to solve the current existence problem of marital rape not only in the theory field but also in the practice field of marital rape.