Study On The Difficult Problem Of Qualitative Analysis Of Rape Crime

On charges of rape as old,as the changes of the times,rape means and methods of diversification and complication,judicial practice on the rape of the difficulty coefficient is higher and higher,as more and more difficult,especially in the cognizance of marital rape,rape girl should knowing that identifying and rape of prostitution to the judicial practice has caused more and more difficult.If we ignore these problems,we will not be able to fully realize the purpose of the criminal law to fight crime and protect the people,nor will we be able to properly maintain social stability.This paper is divided into three parts,through the logic of "Law-Case Analysis-Recognition Standard".The first part is about the identification of marital rape.Based on the investigation of the relevant laws of different countries in different legal systems and the empirical analysis of the typical cases in China,this paper constructs the recognition standard of the presumption of objective representation of marital rape on the basis of the denial of the affirmation theory of special period,that is,according to the objective harmful behavior of the husband and the objective reaction behavior of the wife,the two standards are unified to constitute rape.The second part is about the identification of rape of young girls.Based on the understanding of the relevant laws and regulations at home and abroad,through the analysis of typical cases and the comments of scholars,it is determined as a comprehensive judgment standard to determine that the actor should know that the object of the act is a young woman,so as to eliminate reasonable doubt,not only avoid unjust,false and wrong cases,but also ensure the sexual rights of the young woman in an all-round way and improve the judicial credibility.The third part is about the identification of rape in prostitution.According to the relevant laws and regulations at home and abroad,this paper puts forward the shortcomings of rape identification in prostitution and whoring in China,analyzes the necessity of criminal intervention in prostitution and whoring,analyzes the different judicial results in the judicial practice through typical cases,and then puts forward the identification standards of rape in two cases.In the case of voluntary prostitution,due to the first voluntary act of prostitutes,the determination standard of rape crime should be strictly controlled.Objectively,it is necessary to require prostitutes to have physical scars or traces of their clients being arrested,and to call the police immediately after the crisis is lifted.In the case of involuntary prostitution,the determination standard of rape crime should be more lenient.As long as the coerced person has audio recordings,chat logs,and other evidence that the prostitute clearly did not want to have sex,and reported to the police immediately after the crisis is relieved,the client can be identified as rape crime,without requiring the client or the forced prostitute to have scars objectively.