Legal Regulation Of Marital Rap

With the rapid development of the world economy and the increasing awareness of women’s rights since the 20 th century,the phenomenon of marital rape has gradually come into people’s view.The so-called marital rape refers to the act of a husband having sex with his wife against his wife’s will,using violence,threats and other coercive means,which can cause serious damage to the wife’s physical and mental health and family harmony.The issue of whether marital rape can be criminalized has triggered a lot of discussions around the world.Some viewpoints believe that marital rape should be criminalized by criminal regulation measures,while others hold that rape does not exist and should not exist during the duration of marriage.However,as time goes by,more and more countries begin to agree with the former view,that is,gradually affirm the criminal illegality of marital rape and incorporate it into the criminal law in order to better protect the legal rights and interests of women.However,the current Chinese provisions on marital rape are not perfect.There is a lack of clear definition on whether marital rape constitutes a crime in criminal law and judicial interpretations,and judges also lack provisions to try cases of marital rape in accordance with them,which leads to the phenomenon of "same case with different sentences" in judicial practice.The occurrence of this situation is not only detrimental to the protection of women’s legal rights and interests,but also detrimental to the realization of legal unity,and may even cause damage to the authority of law.The text of this paper is mainly divided into four parts.The first part mainly summarizes the problem of marital rape,defines the nature of marital rape and analyzes the characteristics of marital rape.The second part mainly focuses on the judicial treatment of marital rape.It firstly introduces the typical cases of marital rape in China,and then analyzes its treatment.Finally,it finds out and summarizes the problems in the judicial practice of marital rape in China.The third part mainly studies the different theories on the criminalization of marital rape and the extraterritorial regulations.Firstly,it introduces and analyzes several theories of criminalization of marital rape that are more common in the academic circle.Secondly,it takes Britain,the United States,Germany and Japan as examples to introduce the regulations of common law countries and civil law countries on marital rape.The last part is about the regulation suggestions of marital rape,mainly from the substantive and procedural aspects,the substantive aspect mainly includes the introduction of marital rape and the substantial identification of the abnormal survival period of marriage,the procedural aspect mainly includes the marital rape as a crime of personal complaint,the introduction of mediation and reconciliation system,incidental civil litigation system and the improvement of the evidence collection system.