Gang-raped Plot Research

China’s "criminal law" of the Section4in the3Paragraph of Article236provides thattwo or more persons gang-raped will be punished at least10years imprisonment, lifeimprisonment or death. This provision explicitly lists “gang-raped” as a statutory rapeaggravating circumstances. However, what is raped? Under what circumstances can beidentified as gang-raped? Whether the criminal gang-raped stop forms? The answer to thesequestions which criminal law and judicial interpretation haven’t made clear a regulation,becomes the premise of correct understanding and applicable gang-raped plot. This articlewill centre around gang-raped in the research. answers become gang rape correctly understandand apply the plot premise has great theoretical and practical value. Based on this, this articlewill set gang-raped plot as a research center, through the study of all kinds of problemsrelated to gang-raped plot, in order to be able to "two or more persons of gang rape" theaggravating circumstances more in-depth analysis, to make it used more accurately in thejudicial practice in our country.Besides introduction and epilogue, this article mainly includes four parts, they are theoverview of gang-raped, the legal nature of gang-raped, the judicial cognizance of gang-rapedand the judicial application of crime stop forms. There are about45000words in this paper,the main contents are as follows:The first part is an overview of gang-raped. This part mainly introduces the relevanttheories of gang-raped problems, including the concept, the conditions about establishment ofgang-raped, gang-raped aggravating punishment basis and the difference of gang-raped andpersonally committing crime. First of all, through the analysis of gang-raped literal andacademic concepts, defines gang-raped as at the same time period more than two male(include himself) on purpose for the same woman (or girl) of rape behavior in turn. Secondly,according to the meaning of gang-raped, four basic conditions are put forward. Once again,analyzing the basis of the gang-raped aggravating punishment from the perpetrator subjectiveaspects and harmful consequence that actors bring. Finally, to rule out the theory ofpersonally committing crime to the application of the gang-raped case, distinguishing therelationship between gang-raped and personally committing crime.The second part is the legal nature of gang-raped. In this part, the author discuss the legalnature of gang-raped from two aspects. On one hand, combining the analyses of aggravated circumstances’ basic characteristics, from nature gang-raped plot should be regarded asconvicted circumstances. On the other hand, comprehensive consideration of case judgmentand theory discussion, the nature of gang-raped should not limited to form of joint rape crime,the situation which does not constitute a joint rape crime but constitutes gang-raped plot existsin reality.The third part is the judicial cognizance of gang-raped. The judicial cognizance ofgang-raped needs a reasonable standard set up which about the establishment of gang-raped.By analyzing whether the establishment of gang-raped exists in preparation phase, theestablishment of gang-raped whether to ask the offender to accomplished and whether personswaiting for raping set up gang-raped these three questions, the author thinks that as long asthere is more than two people take turns in objective gang-raped will set up. Against judicialcognizance questions about gang-raped deliberately and adultery after the gang-raped, theauthor thinks that the former should be combined with the analysis of the specific situation,and the latter shall use rape conviction and gang-raped plot. In terms of gang-raped cases,crossing with other terms deal with gang-raped by trafficking, the gang-raped plot should beapplied for processing in order to realize the principle of adaptation.The fourth part is the judicial application of gang-raped crime stop form. In this part, theauthor first of all analyses judicial cases which leads to the gang-raped crime stop form in thejudicial practice is not consistent in the reality. Then, through theoretical analysis and proof, itis concluded that aggravations of crimes has relative independence and gang-raped as anaggravation of crime exists stop forms. On this basis, the judicial application of gang-rapedstop forms is classified in detail, including the judicial application of gang-raped crimefinished form, gang-raped unaccomplished form and gang-raped suspended form. Finally,combining with the practices in the judicial practice, the author thinks that to discrete thepunishment of each person. Specifically,we should insist on the basis of distinguishinggang-raped crime stop forms and the principle of "part behavior, full responsibilities".