On Legislation Perfection Of Rape Crime Enlightenment From The Amendment Of Forced Indecent

August 29, 2015, the Standing Committee of the National People’s Congress of China’s current criminal law has been modified and improved, which will force the crime of indecent assault on women, the object of the woman was changed to others".Although only a simple modification of the original provisions of the two words, but its significance is extraordinary. Expand the compulsory indecent crime objects, not only shows that the legislature affirmed the basic position of male sexual autonomy,but also fill in the long term our male sexual assault difficult legal blank criminal liability, in order to effectively solve many provide a legal basis in the judicial practice difficult problem. In full recognition of the progress of this legislation, but also caused our thinking, that is, the same as the crime of rape should also be a corresponding expansion of the scope of the object of the crime?Rape, which has been produced and accompanied with the change of human society, is a kind of crime which is harmful to society. The criminal code of each country（region） basically set up "the crime of rape", and set up the severe punishment to be regulated. But in different times, people’s understanding of the extension and connotation of rape and rape is not completely consistent. With the change of time and space as well as the progress of the concept of human nature, the definition of the crime of rape is different from the definition of the crime of rape. With the continuous development of society and changes in social life appeared in the "women rape men"and "homosexual rape" and some other type of crime, but in the judicial practice has no law to apply, exposes the current legislation on the crime of rape exists the problem of subject of crime, object of crime of single stenosis and the way of crime is not clear,to become China’s criminal legislation must solve practical problems and deal with.With the development and progress of society, whether civil law or the common law, the direct subject of crime in the criminal law of the crime of rape will no longer be limited to men, women can also become a rape crime; the object of crime of rape will no longer be prescribed for women victims. The man also can be used as sexual behavior and the existence of the corresponding regulation man suffered behavior of homosexual rape has also been the victim of criminal law. The understanding of sexual intercourse is no longer limited and confined to the traditional understanding of men to insert the penis into the vagina of women, to expand its connotation and give a new meaning to sexual intercourse. All these provide a useful reference for us to improve the relevant provisions of the criminal law in the future.The criminal law amendment (nine) of the crime of forced lewd women changes,to achieve a major breakthrough in theory of crime in our country, but also for the crime of rape and not be amended, the problems appeared in judicial practice as well as other male female rape homosexual rape can not be resolved. Therefore, it is very necessary to modify and perfect the relevant provisions of the crime of rape in the current criminal law. We should be based on the current situation of China’s current social mainstream values and the future development trend,learn from the advanced experience of foreign countries and China’s Hongkong, Macao and Taiwan regions on the legislation of rape crime, the provisions of the rape crime in Chinese criminal law to do the corresponding modification and Perfection: one is the object of crime increase with the crime of rape, the men in the crime of rape object; two is the re definition of sexual intercourse, expand the connotation of "sexual intercourse"definition and extension; the three is to expand the subject of the crime of rape, the female into the rape crime; four is the reasonable determination of the crime of rape crime plot reset. The necessity of perfecting the legislation, should not only solve the problem of judicial practice effectively, in line with the current mainstream concept for understanding of rape,but also for the future development of the perfection of the legislation of the crime of rape with space and room.