The Judicial Status And Perfection Of "marital Rape"

"Marital rape" is a long-standing social problem.In China,from the rape case of Wu in the 1990 s to the rape case of Wang in the early 20 th century,as well as the occurrence of many such "marital rape" cases in recent years,all show that this social problem cannot be ignored.With the promulgation and implementation of the Amendment(XI)to the Criminal Law,the crime of assaulting police and the crime of sexual assault by persons with responsibility to take care of the police have been established,which indicates that the criminal legislation in China is gradually expanding,and the phenomenon of the punishment for minor crimes is becoming more and more obvious,and the protection strength and protection scope of the criminal law have been increased.At the same time,the divorce rate in China has increased significantly in recent years.With the change of people's subjective ideas,women's awareness of protecting their own rights is constantly strengthened,and the understanding of "marital rape" is also constantly improved.Therefore,it is necessary to demonstrate the criminalization of "marital rape".Based on the comparative analysis of similar cases,this paper puts forward existing problems of such cases in China,lists the differences between "marital rape" and traditional rape crime,expounds the different academic viewpoints existing in China,and then discusses the criminalization of "marital rape" and the necessity of improving legislation.