On The Determination Of Gang Rape

The current criminal law of our country regards gang rape as the statutory promotion condition for the crime of rape.However,due to the conciseness of the law and the complexity of the joint crime problem,there are different understandings of the related issues of gang rape in academia and practice,such as the crime of rape.Whether it is a personal crime,the nature of the gang rape,whether the establishment of gang rape is based on a joint crime,whether the gang rape is a sentencing rule or an aggravating element of the crime,whether there is one-sided gang rape,whether there is an attempted gang rape,and so on.A correct understanding of the above issues is of great significance to the accurate identification of gang rape in practice.Therefore,this article aims at the accurate identification of gang rape,and conducts in-depth research on the related issues of gang rape in order to draw more reasonable conclusions.This article is divided into four parts:Basic issues in the identification of gang rape.One of the reasons why the application of gang rape is controversial lies in the different doctrinal understandings of the practice of rape,the standards of initiation and completion,and the nature of gang rape.By clarifying the behavior of the crime of rape and the nature of gang rape,pave the way for the subsequent identification of gang rape.From the perspective of literary interpretation and protection of women’s rights,it supports that rape is a crime of repetitive behavior.Starting from the origin of the crime,denies the current application of the concept of in-person crime in rape crime.From the perspectives of literal interpretation,historical interpretation,and comparative law interpretation,it is proved that the nature of gang rape is a joint crime of rape.The second part is the nature and basis of the aggravated punishment for gang rape.First of all,the nature of the aggravated punishment for gang rape mainly lies in the dispute between the sentencing rules and the aggravated crime composition.By demonstrating that gang rape has a different type of illegal behavior from rape,it is proved that gang rape is an aggravated crime composition.Second,the basis for aggravating gang rape is not a single basis,but a combination of multiple basis.The third part is the establishment and completion of gang rape.Different standards apply to the establishment and completion of gang rape.The establishment of gang rape requires at least two committed acts of adultery,and the completion of gang rape requires the completion of two or more rapes.In addition,in the process of identifying gang rape,the principle of imputation of "partial implementation,full responsibility" must be adhered to.The fourth part is the accomplice form of gang rape.In cases where a person with no criminal responsibility and a person with criminal responsibility jointly raped,the class crime theory system should be adhered to,and the perpetrator should be affirmed that the perpetrator had established a joint crime at the illegal level,and thus the perpetrator should be affirmed that the perpetrator had committed a gang rape.On the issue of one-sided gang rape,whether it is a one-sided gang rape should be judged based on whether it is causal.