A Study On Perfecting The Legislation Of The Crime Of Rape In Criminal Law In China

However,the relevant legislation compared to the concept of the rule and the law of some foreign countries and regions in the world,the provisions on the regulation of sexual assault crime in the criminal law of our country is still insufficient,the provisions of the crime of rape in the criminal law in our country has lagged behind.The defects in Chinese criminal law provisions of the crime of rape is not only in the absence of male sexual rights protection,but also reflected in the regulation of marital rape and the installation of legal punishment.Therefore,it is necessary to supplement and perfect the legislative provisions of rape in the current criminal law of our country.In this paper,comparative analysis,inductive analysis,theoretical analysis and practical analysis are used to explain the legislative perfection of rape crime in Chinese criminal law.This paper is divided into four parts,the first the crime of rape of the legislation of Chinese current criminal law was analyzed from the crime of rape definition,constituents,recourse mode and measurement of penalty.Secondly,combined with the problems in judicial practice,we get the defects and shortcomings of the legislation provisions of rape crime in the criminal subject,object,behavior,marital rape and sentencing: lacking of protection for male sexual rights excludes men from protecting objects and excludes women from single principal offenders,and the rules of behavior are too narrow,the problem of marital rape is not clear,the legal punishment level is small,the span is large,and judicial judgement is not flexible enough.Third to analyze the relevant provisions of some countries and regions outside,such as Germany,Britain,Japan and Taiwan.It can be seen that in most countries and regions,men are included in the scope of the protection of rape crimes,and women can be a separate principal subject for rape crime.Sexual intercourse includes both natural sexual intercourse and anal intercourse and oral sex,even sexual intercourse in foreign body,and rape can be established in marriage.In the punishment mechanism,most of the countries have set up a number of sentencing grades,hierarchical sentencing,and so on.All kinds of advanced experiences are worthy of reference for our country.Finally,it puts forward specific suggestions on the defects and shortcomings of the second part analysis from the aspects of improving male sex rights,standardizing marital rape and perfectingthe punishment mechanism and so on.For men to be included within the scope of the crime,women are included in the scope of a separate principal subject.Expanding sexual intercourse to anal intercourse(including sodomy).During the period of legal marriage,the husband has long used violence,coercion,or other means to intercourse with his wife,when the relationship between husband and wife is indeed broken and there is no compound possibility and the couple has entered the stage of legal divorce proceedings,The husband forcibly had sexual intercourse with his wife can constitute a crime of rape,but only reporting can be disposed.The deadline for one year.For rape crime,we can set up the pattern of cross statutory penalty and increase grades for sentence.