The Judicial Determination And Penalty Of Gang Rap

In the current criminal law system in our country,however,is not about "gang rape" relevant law or judicial explanation,to help the judicial personnel and the general public in cognizance gang rape behavior,The cognizance of gang rape behavior led to the practice of surrounding the core produce many realistic difficult problems.The reality let the staff of judicial organs,including the public security organs,procuratorial organs and the judicial organs,and the defenders in the face of the same case when there may be a variety of knowledge.So in this paper the author encountered in practical work is analyzed on the basis of rape cases.Through case analysis,and further discussed from the Angle of the theory of gang rape behavior that their views are presented.The first part of the paper as a case is introduced,including the introduction of case and the case in different aspects of the three times during the trial,including the investigation organ,prosecutors,the court,the defendant and his defenders around,if the case constitutes a gang rape discussion,to account the realistic problem faced to the case,provide a practical basis for the following analysis.The second part is about the controversy of the case and the discussion of the differences,mainly includes two parts,one is the case or whether the defendants’ acts constitute two gang rape plot,the others is in this case the two defendants should be sentencing,this part of the discussion in addition to the analysis of three times in the first part of the trial results,also from the perspective of the author on the two problems of academic discussion.This paper think the issues of this case focuses on whether the defendants’ acts constitute one-sided gang rape,and whether the attempted rape constitute a gang rape the cognizance of the plot.The behavior of the two defendants the sentencing is determined by the nature of its behavior.The third and fourth parts are the core content of the whole paper.Among them,the third part is about the analysis of the cases involved legal discussed this part of content is no longer limited to the first part of the case itself,but by the case,including the gang rape crime gang rape behavior,as well as in some special situation such as partial gang rape,only a person with the analysis of the problem.Through the analysis of this chapter,the author thinks that the gang rape behavior,should take it as rape aggravating circumstances as the key,and relevant conclusions should comply with the related theory of joint crime,Therefore constitute a gang rape must meet the standards of two or more persons with rape.The cognizance of gang rape behavior on the basis of this problem,including the so-called problems existing in the practice can obtain a satisfactory solution.The fourth part is through the third part based on the analysis of the complete case again to put forward the author’s handling of the case,The author think the sentencing standards gang rape should not apply to the case,but should apply to the general sentencing standards,because of this case is ordinary rape of joint crime.Based on the processing mode to the problem of gang rape that certain legal advice,think that China’s criminal law revised in the future or a related judicial interpretation in the process of help.