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Several Studies Of Rape

Posted on:2018-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:Z ShenFull Text:PDF
GTID:2336330536956035Subject:Law
Abstract/Summary:PDF Full Text Request
Whether in practical exercise or in theoretical research,rape has received significant Attention.As an ancient natural crime,rape is also a common crime in judicial practice.It is not only a serious criminal act against personal rights,but also causes victims' physical and mental trauma which may lead to the death of them.The crime of rape,which seriously disrupts social order and results in great social harm,has always been targeted by China's criminal legislation and practice.However,in judicial practice,rape causes are quite complex.When judicial authorities try a rape case,they often encounter some problems,such as how to distinguish rape from compulsory indecency? If male are integrated into the object of rape crime? Whether marital rape should be criminalized? Should criminal compensation system be established? Not only the theoretical circles cannot solve the above problems,the judiciary has also been troubled by these problems.Sometimes there are different ways of dealing with the same case.Therefore,it is particularly important to correctly understand and deal with these problems.The distinction between rape and compulsory indecent assault is mainly manifested in the subjective aspects of the two,compared with the rape,forced obscene in the subjective purpose Do not have the purpose of sexual intercourse;rape of the object of the expansion,to amend the criminal law on the rape of the legal provisions of the women to others,the young to children;marital rape convicted,sure her husband can become The crime of rape crime,but also to deny the wife has a special defense rights,and limit the statute of limitations;in the form of legislation to establish the rape of mental damage compensation system,the amount of compensation for rape is divided into 10 million,80,000 yuan,60,000 yuan,40,000 yuan and 20,000 yuan five levels,the author tried to superficial research on the above issues,to explore,in order to benefit China's criminal justice practice.
Keywords/Search Tags:rape and compulsory indecency, object of rape crime, Marital rape, mental damage compensation
PDF Full Text Request
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