The Study Of Marital Rape

Marital rape in China is common problem;but it was with the rise of feminist of western countries of last century that the issue became a spotlight in judicial field.And since then,human rights protection gradually became a concern of the international community.Besides,with thousands years of feudal traditions,the conventional judicial conceptions are deep-rooted and without any doubt,there will arise a strong conflict between such ideas and modern ideas of rule of laws.Such frictions lead to a consistent argument over spousal rapes and no any agreement has been reached by the academic circles and judicial fields.So now it is necessary for us to start a theoretical symposium to approve the inevitability of guiltiness of such offence in theory.The thesis consists of seven parts.The first part is the introduction leading to the topic and the reasons of being convicted guilty.The second part is a summary of marital rape and gives a definition to it and analysis for its origins.The third part mainly introduces the legislations and jurisdiction at home and abroad and the author's understanding on the situation.The fourth part is about the disputes in the academic worlds in China on the issue and the reasons for author's comprising.The fifth part analyses the inevitability of guiltiness of such offence from three perspectives:the value of laws,the perniciousness of laws and the functions of laws.The sixth part are some legislative proposals and propositions from the author on how to handle with the issue.The seventh part is the conclusion on the whole thesis in hope to make people realize that marriage cannot be a cover for spousal rapes.