Research On Rape In Marriage

Marital rape behavior not only violates the wife's sexual rights,but also affect the stability of the family and social problem.However,criminal law field has not yet reach a consensus of marital rape behavior,and there are no definite provision on legislation,so the judicial departments for the same case has made a different decision,and caused the unfair judicial.Therefore,the legal science research on the theory of the problem is particularly important.First,through the multi-angle analysis of marital rape behavior,and there is no doubt it should be based on criminal law;Second,in situations in which the marital rape behavior criminalization has become an international trend,under the condition of considering the social actual and concrate national conditions of China,it should be limited into the marital rape behavior,the marriage relation is divided into normal and abnormal state,different situation to make different treatment;Thirdly,the marital rape in keeping with crime constitutive,it should be recognized as the rape crime,but as the rape crime is heavy sentence,it should increase extent for measurement of penalty,and light punishment.Finally,put forward the improvement of the relevant system in order to increase such cases operability in justice practice.