The Criminal Illegality Of Mandatory Sexual Behavior Within Marriage

Marital compulsory behavior and relationship is a kind of contradictory relations, on the one hand, some people use marriage as a excuse to avoid criminal liability, forced sex with his wife, cause serious harm to women’s physical and mental health; On the other hand marital compulsory behavior to accelerate the relationship broke down and caused social unstable factors.Our current marriage law is not obligated to sex of husband and wife, also have no provisions on marital compulsory behavior, and just general provisions: "between husband and wife should be faithful to each other, respect each other; family should respect and help each other, maintaining equality, harmonious and civilized marriage and family relations." In the current criminal law in our country, also has not made relevant provision, only to the domestic violence behavior in violent crime of interfere with freedom of marriage and abuse of the rules. In marriage law interpretation(a), only in a hurry take a provisions on domestic violence, not to mention marital compulsory behavior and sexual violence, this domestic legislation can be other country (region) legislation, Europe and the United States and China’s Hong Kong and Taiwan regions have established the different level criminal richtswitrig marital compulsory behaviour, even file in more than two decades ago by the UN should be clearly pointed out that domestic violence including sexual violence.From the crime constitution theory, judge whether a behavior belongs to the key depends on whether the crime have criminal illegality, therefore, the author determined on marital rape a temporary inconclusive issues, from the marital compulsory behavior, its criminal illegality. So in theory of marital compulsory behavior is incorporated into the scope of criminal law adjustment is of great significance. Currently discussed a lot about marital compulsory behavior, but most think does not constitute a crime, or simply from the analysis on surface if the case constitutes a crime, not to analysis from the aspects of criminal illegality, one of the three classes, this article attempts from the criminal richtswitrig aspects study marital compulsory behavior has the innovation place.Back 20 years, these things is unthinkable, but as time goes on, the deepening of the reform and opening up in China, the people’s legal consciousness, the consciousness is constantly deepened, and today, such as sichuan, Shanghai, henan, anhui and other places has revealed the marital compulsory behavior of the case, and judicial organs in handling such cases was very tricky, there are many differences. Marital compulsory behavior belong to a kind of what kind of behavior? How to divide and rape? These problems at that time caused wide public concern and discussion of the various circles of society, the meaning of the schools of thought contend. Today are highly developed material civilization, spiritual civilization, equality between men and women is the trend of The Times, the earlier examine marital compulsory behavior, the more help to the improvement of women’s status. The earlier examine marital compulsory behavior, the more help to the stability of family unity; The earlier examine marital compulsory behavior, the more help the harmonious development of the society.