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The criminal law that violates inside marriage is analysed

From;    Author:Stand originally
The criminal law that violates inside marriage is analysed
Cui Huaiyi

Summary: The article learns the rape inside the marriage with bound bigger dispute to whether form forcible rape in the light of the law this problem, join particular case, the angle of accessory punishment law undertakes an analysis, think to carry out sexual behavior to form forcible rape to the wife forcibly.

Keyword: Bin Sui takes an examination of right of nature of? forcible rape to force sexual behavior

One, foreword

In actual life, once be disclosed,violate this one serious criminal act, rapist often can be censured the punish with law, but meanwhile, most person oversight act is violated inside marriage. Current, occurrence rate of behavior of the rape inside marriage is being climbed quickly litre. Be in Hong Kong, investigation discovers 9 into 3 suffer mistreat a woman to ever all sufferred marital sex to mistreat, include intimidate sexual intercourse to reach among them imitate pornographic shadow belt to undertake sexual behavior, halfway woman has stood the man this kind of force is treated those who amount to 20 years is long. [1] has committed a crime in the rape inside marriage the United States that change, the rape inside marriage still is the serious problem that millions woman faces, researcher estimation has 10% ~ about inside the woman marriage of 14% by evil [2] . With respect to our country mainland character, ~ is large-scale 1999 1989 ” investigation makes clear the “ sex civilization that have: 2.8% what  of Gu of  of fall from the sky of Shen Zha Piao denounces? husband to force a wife to live sexual life, sheer number has fall victim woman millions of. [area of 3] on the spot, area of Shanghai Lu bay is married to 1800 1990 the woman's investigation makes clear: ? of  of form of male pregnant of Shen Zha goosefoot Lai has 8.5% is to be in what the wife happens below the circumstance of different idea [4] . An investigation of Beijing discovers, the 43.3% women that are beaten up by the husband tighten what suffer sexual force then to destroy [5]

The rape inside marriage, according to theoretic illuminate, be during showing in husband and wife the relation puts add, the husband with violent, threatening other perhaps method, violate wife volition, the behavior that has sex with the wife forcibly. Go backwards 10 years, never heard of before of this kind of thing, and these a few years, and other places of Shanghai, Anhui, Sichuan, Henan produced the husband to force wife and the case that its have sexual behavior early or late however, and the judiciary is in processing also has difference more when this kind of case. The existence inside marriage is raped, sexual behavior ” forces to calculate inside “ marriage do not calculate crime, this learns bound, law in the law all the time the protruding of problem again and again with very big dispute now before people, aroused each square attention and controversy.
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