Attempted Gang Rape Research

Rape is one of the eight categories of serious violent crimes in the criminal law,which seriously infringes on women's right to decide their sexuality or their right to physical and mental health.It has serious social harm.In contrast,there is no dispute about the nature and punishment of the general rape committed by a single perpetrator in the theoretical circle of criminal law and judicial practice.As for the gang rape which belongs to the aggravating circumstances in the rape crime,the criminal legislation only provides a simple description of "gang rape with two or more persons".Due to the lack of clear definition and evaluation of gang rape in criminal legislation and judicial interpretation,there is a great controversy on what is gang rape,how to identify the crime form and punishment of gang rape in criminal law theory and criminal judicial practice,especially for two or more men who have raped the same murdered woman or young girl in turn In the process,there is a great controversy on the recognition of one person's success and one person's failure.Based on this,this paper takes the attempted gang rape in the aggravating circumstances of gang rape crime as the core of research and discussion.By studying various problems related to attempted gang rape,this paper puts forward the basic principles for the evaluation and recognition of the criminal form of attempted gang rape,and discusses the related problems between attempted gang rape and hand-in-hand crime.At the same time,it studies the qualitative problems of attempted gang rape.Finally,according to the above research,this paper puts forward the basic principles for the evaluation and recognition of attempted gang rape crime In order to promote the unification of criminal theory and judicial practice in our country,we should adhere to the evaluation principle of "whole before individual" under the theory of joint crime,adhere to the principle of substantive justice in the specific punishment of criminal individual,and adopt the evaluation mechanism of self responsibility,so that the evaluation principle and identification method of attempted gang rape can be supported by theoretical basis Recognize and properly handle specific cases,and realize the organic unity of legal effect,social effect and political effect of criminal justice.This article is divided into five parts.Starting from the significance of the plot of gang rape in the crime of rape,starting from the theoretical controversy of the attempted gang rape,this paper discusses the qualitative problems of the attempted gang rape and the attempted gang rape,as well as the criminal responsibility of the attempted gang rape and the experience of handling the case in combination with my judicial practice,hoping to draw a more appropriate evaluation principle and recognition method of the attempted gang rape,with a view to the theory and division of the attempted gang rape The practice of law provides useful reference.