Identification Of The Crime Cessation Form In The "Gang Rape"

Gang rape,as one of the statutory conditions for rape,causes great harm to women’s sexual rights.China’s “Criminal Law”only provides for this “Two or more gang rape”,nor does there have other judicial interpretations to explain,resulting in many differences between judicial practice and the theory of criminal law.This paper finds the relevant cases in practice and summarizes the differences in the "gang rape" cases in practice,mainly including the objective behavior pattern of gang rape and the identification of the criminal stop form of each perpetrator.This paper focuses on the relevant problems faced in judicial practice,studies the views of treatment in criminal law theory and the conclusions of specific cases in practice,and correctly deals with the relevant problems.Except the preface and the end,there are three parts,the objective appearance of gang rape,theoretical property,and The cessation pattern of the perpetrator’s crime,about 36,000 words.The first part is the definition of the objective behavior pattern of gang rape.The premise of clarifying the objective behavior pattern of gang rape lies in the basis of correctly judging the aggravated punishment of gang rape.Round rape infringes on the privacy of women,and causes 1 + 1> 2,which is also one of the important reasons why gang rape increases the punishment than ordinary rape.Through interpretation can not directly get the objective behavior of gang rape should be,combined with history,system,and purpose of gang rape aggravated punishment,can judge the objective behavior of gang rape for two people and more take turns of rape,but can not directly "rape" defined as rape.This statement is also a tendency to deal with related cases in practice.The second part is the qualitative study of the theory of gang-rape behavior.In judicial practice,there is a view that gang rape itself has a form of criminal stop,but these two views are due to the wrong judgment of the legal nature of gang rape,gang rape is a simple sentencing rule,it itself only has the problem of existence or not,there is no criminal stop form,that is,there is no "attempted gang rape".In the theory of criminal law,there is a view that gang rape belongs to the special type of rape,so there is no accomplice,which is wrong.The existence of aiding and abetting criminals is not excluded in gang rape,and the judgment in judicial practice also holds that there can be accomplice in gang rape.The third part is to judge the specific crime stop form of each criminal perpetrator in the gang-rape case.In the context of the establishment of gang rape,the principle of "partial implementation,full responsibility" should still be applied to make judgment.In gang rape,the hand-crime theory cannot be applied.However,there may be different forms of criminal cessation between the common offender and the accomplice in the narrow sense.