Research On Gang Raped Crime Attempt Forms

Gang rape than ordinary rape on women physical and mental health has a more serious adverse effects, and punish the crime criminal law for all countries, has always been the object of the criminal law educational world focuses on the research.Gang rape in the our country law is not independent, and is one of China's criminal law of rape aggravating circumstances. Because the gang rape is where two or more people, belongs to the joint crime, judicial practice are very complex, sometimes there will be a part of the offender to implement rape behavior and another part of the offender is not implemented to commit adultery, for part of an offender after actor and decide how to deal with the behavior of the nature, the controversial in theory and judicial practice.The first part of this article is a statement on the case of basic situation. This part includes the cause of action, roughly disputes case is introduced, and the main controversy a few parts, mainly analyzes the case Du did not succeed in the state of what is considered the problem, thus draws the controversial focus is attempted gang rape that problem.In this paper, the second part is for attempted rape by a roughly discusses relevant concepts. The first part stated the concept of gang rape and attempted rape, then analyzes the countermeasures in dealing with earlier, and put forward to this kind of situation did not form a unified cognition. Therefore the author thinks that in the case of considering joint crime theory applicable to give full consideration to personally committed part of gang rape behavior person succeed part analyzes actor failed to succeed. This part also includes the concept and embodied in Chinese criminal law to personally make statements.In this paper, the third part is the case of a research conclusion. This part in the second part based on the combined with the case case, put forward their views, think two people attempted act constitutes a gang rape.In this paper, the fourth part is the study of the case. This part mainly from the present judicial situation in China, sums up some solutions in the earlier part of the offender,part suggests some similar cases failed for the person. In this part, the author also puts forward the core idea on the analysis of gang rape behavior in accomplice theory according to the characteristics of hand made and at the same time, give full consideration to personally make the personal irreplaceability. And further proposed to the current criminal law of gang rape the behavior rules of a thinking and cognition.This article from the case of the understanding of the theoretical circle and judicial practice in our country, analysis of gang rape crime theory controversy, in an attempt to of gang rape behavior part person to succeed in the offender was more pronounced in the case of an offender is given, for the judicial practice that can be accomplished and attempted of the rational cognizance gang-raped contribution meager strength.