On The Legislative Defects And Reconstruction Of The Crime Of Rape

Rape,since ancient times,has been included in the criminal legislation of various countries because of its serious social harmfulness and demeaning nature.As a result,rape has been severely combated and punished.Rape is a crime deeply influenced by human sexuality.Since the foundation of ancient times,along with the development of the times and the change of social concept consciousness,the crime of rape has undergone varying degrees in the process of historical evolution.And all of these changes are closely related to the changes in social perception,At the same time,the prevailing attitudes towards sex in different periods also determined the rape at that time.Crime legislation.With the continuous changes and development of human society,Some new situations and new cases that have not been taken into account before have gradually come to the attention of people.Cases such as "women as the subject of the crime of rape","husband raping his wife in marriage" and "same-sex rape" have exposed the existing related cases.The legislation on rape exists that the scope of the subject and object of rape is too narrow,The legislative attitude towards marital rape is unclear,the definition of sexual intercourse is lacking in practice,the protection of minors is inadequate,the penalty is not appropriate,and so on.And these are not problems that can be solved by legislative or judicial interpretation.It can not show the role of criminal law in cracking down on crime and protecting human rights,and it is also not conducive to the stability of society.Therefore,it is urgent to reconstruct the legislation on the crime of rape.This paper adopts comparative analysis,deductive analysis,inductive analysis,The research method combining theory analysis and practice analysis,starting with the constitution of the crime of rape,makes a deep inquiry into the crime of rape,and then concludes the insufficiency of the legislation of our country for the crime of rape and puts forward the legislative suggestions for the reconstruction of the crime of rape.