| Harmonious society is unity, law sound and well-ordered, but the serious violent crime is undoubtedly contrary to such society. Rape, a crime which is against the women's rights and disrupts the society's normal order, its incidence is very high and social harm is very serious. Gang crime is also a cruel, barbaric and serious against human ethical nature's crime, making serious physical and psychological trauma to the victims. The whole world's criminal laws focus on fighting against such crimes.The criminals of gang rape should be given serious criminal punishment according to a reasonable standard so that the crime and its punishment are suitable to each other. We should not deprive of the criminals'entitled rights. Currently, the gang rape in the Chinese Criminal Code doesn't constitute a separate crime; it's only an aggravating circumstance for sentencing of rage crime. Because the gang rape's fuzzy definition and diversity of objective behavior, there are many difficult problems in the criminal law theory and judicial practices. I have looked up some rape cases and found some similar cases had different judgments. Such facts resulted in bad impact to maintain both the victims'and the criminal suspects' legitimate rights. Even in the typical gang crimes' cases compiled and distributed by the Supreme People's Court, the treatment of some problems in applying the law is also quite different.Whether the rape which includes both inchoate rape and accomplished rape in the same time should be identified as gang rape? Whether the gang crime should distinguish the accomplished rape and inchoate rape? These related studies have very important significance. First, distinguishing the difference between crime in the gang rape accomplished and inchoate complies with the principle of seeking truth from facts, preventing to give wrong sentences because of the fuzzy facts. Second, the distinction between crime in the gang rape accomplished and inchoate reflects just punishment, making more accurately effective fight against criminal elements, truly implementing the principle of criminal guilt. Finally, the distinction between crime gang rape accomplished and inchoate applies to the rape crime's elements and is also a breakthrough in the basic theory of common crime, making connection to the world's common crime theory. Solving this problem will make the common criminal activities more predictable and normative, so that our laws become increasingly standardized, uniform, giving criminal suspects adequate legal rights safeguards. I also look forward such criminal laws can be given more in-depth industry researches to improve the legislation, norms of justice.This article consists of three parts. The first part constitutes of two cases whose judgments are quite different under similar facts, leading to disputes. The second part gives the legal analysis of three controversial to comment on the two cases mentioned at the beginning of the article. The third part gives some recommendations under the analysis of the above cases to improve the laws' legislative and regulatory.
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