Qualitative Analysis Of Marital Rape

With the development of society,the social status of women is more and more high,the feminist movement began to wake up and get a great development,more and more women are equal for independent and status in various aspects.Marital rape this unbelievable fact from all walks of life before gradually important.But scholars have started to pay attention to this problem.And caused a lot of controversy.While in China,the current law is not the marital rape made clear,which resulted in the process of law application will appear a lot of problems.This paper hopes to identify relevant countries within marriage rape were analyzed,and according to China's judicial practice in marriage rape,in-depth research on rationality of marital rape and find the basis;and put forward opinions and suggestions to perfect the substantive law and procedural law.The text is divided into four parts.The first part is an overview of the problem of marital rape,introduces the causes of marital rape,as well as different views of scholars in China.The second part is the analysis of the development of the legislation of marital rape in foreign countries,which provides a reference for the legal regulation of marital rape in our country.In the third part,according to our country's judicial practice of marital rape,the author makes an in-depth discussion on the rationality of the crime of marital rape,and seeks the basis.The fourth part mainly discusses the specific problems of the crime of marital rape,and puts forward specific proposals from the aspects of conviction,sentencing and specific proceedings.