Regulate Marital Rape Through Criminal Law

With the development of the human rights movement in the 20th century, marital rape has not been a social problem, but also a legal issue which can be verified the fact that many countries have regulated this crime through criminal law. Currently, Chinese scholars have not formed conclusion on this issue, and don't agree on the concept of marital rape. Under a background of present state of legislation outside Chinese mainland, this dissertation, based on the objective existence of marital rape act, intends to analyze the nature of sexual autonomy, and expounds its harmfulness, especially the harm that the victim suffers. Furthermore, it starts a criminal law analysis in marital rape act, and comes to a conclusion that marital rape act should be convicted of crime. Finally, it redefines the concept of marital rape accusation. The content is divided into introduction, text and the conclusion. Among them the text is divided into four parts.The first part mainly summarizes the problems of marital crime. Starting from the objective existence of marital rape problems, it introduces different views of Chinese scholars, the present state of legislation on marital rape outside Chinese mainland, and the attitude of the nation's legislative practice on this problem.The second part mainly investigates on the nature of sexual autonomy and harmfulness of marital rape. The nature of sexual autonomy, the harm that victim suffers and the social harmfulness in marital rape are introduced sequently.The third part mainly carries a criminal law analysis of marital rape. From the point of the protection of sexual autonomy being prior to marital relationship, and the right of spouse, this paper explains the right of spouse cannot become the reason of impunity in infringing sexual autonomy. Then, it discusses functions of the conviction of marital rape, accord with the function of the Security Law that the Criminal Law has. Finally, it explains the conviction of marital rape is the principle of legality.The fourth part mainly discusses the concept of marital rape accusation and legislative proposal. In this part, it analyzes the current concepts of marital rape accusation, redefines marital rape accusation from the angle of de facto relationship, and briefly accounts for legislative proposal of marital rape accusation.