Legislative Research On Rape Crim

The crime of rape in our country is based on the traditional concept of women in a vulnerable position,and now that women’s status has been continuously improved,people’s perceptions and concepts of sex are constantly changing.With these changes,so has the form of crime of targeted discretionary discretion.New changes have taken place in the form of crimes,and the current criminal legislation in china is still conservative for reasons,which makes many sexual crimes have not been properly regulated,and the corresponding legal benefits have not been effectively guaranteed.Problems such as "female rape of men","same-sex rape" and "marital rape" that occur in real life need to be solved urgently.Although the Criminal Law Amendment(XI)adopted in 2021 supplements and improves the sexual crime system,it only involves the protection of underage girls and minor women who have reached the age of 14 and under 16,and scope of the amendments are not enough to solve the current variety of forms and complex criminal situations.The first part of this article is an overview of the crime of rape,a brief introduction to the development of the crime of rape and its concept in China,the essential characteristics of the crime of rape,and the transmutation of the legal benefits of the protection of rape and the current legislation.The second part analyzes the current situation of legislation in China,based on the theoretical research on the nature of rape crimes,legal benefits,etc.,and combines actual cases and judicial difficulties to systematically expound on several major problems in China’s current legal provisions,such as violations of the principle of equality,improper restrictions on the scope of criminal determination,and insufficient legislation on marital rape,so as to demonstrate in detail the direction and specific content of China’s rape legislation.The third part is a comparative legal investigation of the criminal system of rape and its enlightenment,which will examine and analyze the legislative models of rape in several different legal systems that have reference value for the improvement of China’s current criminal law,such as the United Kingdom,the United States,Germany,Japan,etc.,and explores their reference points in combination with China’s actual conditions.The fourth part is about the analysis of the path to improve the legislation of rape in China,first put forward the proposal to change the name of the crime,providing a premise for the expansion of the constituent elements,and then discusses the legal interest that play a decisive role in the crime-sexual autonomy,and supplement its content,on this basis,drawing on the more mature regulatory methods developed in other regions and countries and combined with the actual national conditions of our country,try to solve the above problems by de-gendering norms,expanding the scope of behavior composition,and restricting the criminalization of sexual marital rape.