How Retarded Female Sex Cohabitation Should Be Qualitative

Problems and women with intellectual disabilities in sexual cohabitation, which constitute the crime of rape in the law applicable judicial practice is not uniform. According to the "two high" issued by "a number of issues concerning the current handling of rape cases in the specific application of the law of answers" which states: "knowing that women with mental illness or dementia(severity) and their sexual behavior occurs, regardless of criminals what means should be punished for rape. " in judicial practice, occurred during sexual relations in women with intellectual disabilities to live under the domination of free will with others, the nature of such behavior identification has been controversial. Controversial judicial practice in similar cases penalty uncommon. Taking Peimou Jiang rape case, for example, for women with intellectual disabilities in sexual cohabitation qualitative analysis of the problem. Paper is divided into four parts:The first part of the "basic circumstances of the case" is part of the problem raised by this article, including the cause of action, the case presentation, the focus of controversy and disagreement. Particular sex is defined as cases of rape by a woman with intellectual disabilities cohabitation, leads to the topic of this paper.The second part of the "legal issues related to analysis", this section discusses the basic theory of this article. Consists of three parts: first, women with intellectual disabilities to have sex with qualitative theory and practice of dispute plight; second, the theoretical basis of women with intellectual disabilities to have sex with qualitative; third, women with intellectual disabilities to have sex with qualitative classification. For qualitative issues and women with intellectual disabilities in sexual cohabitation, the current configuration of academic circles have said that sin and does not constitute the crime of said two points of view, and women with intellectual disabilities have sexual relations qualitative problems in the judicial practice there are many difficulties, generalize the main dispute is qualitative difficulties led large, complex plot trial resulting in different cases, resulting in the body after the special case of distress and other categories; for women with intellectual disabilities and sexual relations qualitative theory behind the foundation, the first should follow the basic principles of criminal law, Second, we should follow the basic requirements of bearing criminal policy, finally, should stick to the family function theory; in dealing with the issue of qualitative sex with women with intellectual disabilities should be based on the subjective aspects of human behavior acts as a standard, the case classification.The third part of the "analysis and conclusion of the case", the empirical analysis of this article. It includes the following two parts: first, an act can not be the case Pei "conviction pardon"; the second part, Bae’s behavior in this case should not be recognized as a crime. The first part is based on the paradox that appears contrary to law and judicial practice, the value of fairness and justice based on the principles of Sihong County Court Bae "conviction pardon," the verdict is unreasonable; the second part is the basic theory of the preceding section, draw a behavior Pei does not constitute a crime.Part IV, "Implications of the case study" is overstating innovative part of this article. Mainly contains the following two parts: first, the case exposed the issue, our judicial practice in similar cases, there is understanding and application of the criminal law machinery and other issues. Second, the case study of Revelation, the legislation should be introduced to the appropriate judicial interpretation of the law applicable norms related behavior; on justice, on similar cases is instructive.