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The criminal law that violates inside marriage is analysed

From;    Author:Stand originally


2, the court decision of case fact and polarity

Can says to case “ is raped inside marriage only then of ” of the person that make tomb figure should belong to Wang Weiming. Wang Weiming of the accused person and Qian Mou of the injured party married 1993, the Wang Weiming after marriage reveals nature gradually, contradiction arises gradually between friend husband and wife, contradiction is bigger and bigger, brawl is increasing, cause emotional rupture finally, on October 8, 1997, court of people of county of Shanghai green riverside should Wang Weiming divorces accuse adjudicative allow divorces, but judgment have not service party. It is during this, the accused person takes a thing to money somewhere, see Qian Mou is clearing away a thing, raise coital requirement, qian Mou not allow, wang Weiming uses force to make love with Qian Mou forcibly, and the bust that causes Qian Mou, the much place place such as abdomen is bitten, claw. Court of people of county of Shanghai green riverside thinks after classics cognizance, wang Weiming of the accused person is sued actively, request court court decision removes to concern with Qian Mou's marriage, after forensic first instance adjudicates allow divorces, both sides is right this all consentient, two average per capita already did not have normal spouse concern, here the circumstance falls, wang Weiming of the accused person violates woman volition, use violent method, have sex with Qian Mou forcibly, its behavior already formed forcible rape, answer to penalize lawfully. Public prosecution mechanism accuses the guilty accusation of Wang Weiming of the accused person holds water. On December 21, 1999, according to of court of people of green riverside county " criminal law of People's Republic of China " the 236th the 72nd the 1st paragraph, the 1st regulation, sentence set term of imprisonment of Wang Weiming of the accused person 3 years with forcible rape, probation 3 years. After first instance is adjudged, wang Weiming of the accused person is taken sentence, did not appeal. This is case of the rape inside first marriage that since new criminal law is carried out, Shanghai adjudicates. [6]

The say Anhui phoenix of the countryside ” that with this case outcome similar another case produces in element to have “ flower-drum is in relief. In January 1999, li Mou of Anhui phoenix in relief county (male) with year only below the case that Ji Mou of 19 years old was not having marriage is registered, by place consuetudinary undertook wedding. But the Ji Mou after wedding because Li Mou disposition is crude wait for a reason, refuse with Li Tong room, li Mou produced sexual relationship with Ji Mou forcibly with violent means. At the beginning of 2000, in Ji Mou continual charge falls, li Mou is arrested to bring to justice by public security bureau of Feng Yang county. Li Mou was sentenced with forcible rape by court of Anhui phoenix in relief county on June 6 set term of imprisonment 3 years. Just when people is right,fine fine “ savours the details of a case of afore-mentioned two cases and result of its court decision ” , during considering slowly, far produced record of the rape inside marriage one case again in inland Sichuan. 2000 on March 23, prefectural court is collected south Sichuan province the first instance court decision that the charge that " case violated to make the accused person be accused inside the " marriage of green to a similar Shanghai riverside does not establish. [7]
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