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The criminal law that violates inside marriage is analysed

From;    Author:Stand originally


(4) , look from legislative principle, wife of affirmative husband rape forms forcible rape not to violate crime legal principle. Somebody thinks, since " criminal law " there also is rape problem to exist during stipulating without proclaimed in writing marriage puts add, so want spouse concern to should not exist only rape problem, because the law does not have proclaimed in writing,not be a blame. This says be misgivings. The first, say to will get a series of fallacy according to this, be like, " criminal law " the husband is killing during stipulating without proclaimed in writing marriage puts add of the wife also form intended homicide, criterion does the husband kill the wife does not form intended homicide? The 2nd, criminal law standard is regulation of a kind of catholicity, " criminal law " far from likely to its place illicit each item reachs his specific details makes specific provision.

(5) , law is sovereign, but natural right is located in however over law, law should accord with natural right as far as possible. Be like free speech, this is the person's inherent natural right, any law that have limitative to him are violated with natural right photograph. No matter be the sexual right of female or male, it is the person's instinct, it is a kind of natural right, especially the natural right of the female's sex is encroached more easily. Marry and can not strip the natural right of the female's sex, the sexual life that the woman still has the right to control her (point to only here inside marriage. Extramarital love is moral problem) , so law should protect this kind of natural right of the woman as far as possible.

(6) , marital rape wife and manage and according to. Expression: Sexual right is law gifts the husband and him wife, wife and oneself husband crosses the right of sexual life, the opposite sex outside marriage anyhow, do not have this kind of right, sexual right is not “ patent ” of the husband, however law gifts. The wife enjoys the right that be willing or is not willing to live sexual life with the husband because of reason as much, by both sides of husband and wife the equal sex of sexual right decides this. Because reason rejects to live sexual life with the other side,the normal sexual life between husband and wife should have one party only, appetent the freedom that enjoys sexual right one party gets check, its right translate into is respected and safeguard right of sex of the other side not to accept encroachment obligation; The sexual right that the forcible rape that our country criminal law sets aims to protect a woman does not suffer encroach, accordingly our country criminal law did not eliminate to have the accused person of forcible rape, besides the injured party. If the husband produces sexual behavior with the wife forcibly with violent means, and the errant forcible rape that causes serious consequence and manage are illogical, as unwell as the law. [11]

6, end

The reality that rapes inside marriage posed grim challenge to the active law of our country, jural blank cannot go down for a long time continuously. How is this one difficult problem raped inside broken solution marriage, the author thinks the court is in when the rape behavior in maintaining normal marriage to concern is forcible rape, more should discreet, the following aspects should consider when the forcible rape inside cognizance marriage: 1, the forcible rape inside marriage should belong to private prosecution case, do not accuse pay no attention to. Be sentenced in order to arrest the man, wife however to forensic VIP the occurrence of this kind of awkward thing. 2, private prosecution person is in charge of quote, evidence is not worth or do false testimony not to grant to maintain, in order to prevent wife bring a false charge against sb, circumvent husband. 3, must reach certain level, cause certain consequence. Because both sides is put in spouse concern after all, the wife does not wish to live sexual life because of a variety of reasons sometimes, the husband is actuation however difficult right-falling stroke, the wife although in the heart loath, but accepted passively also, this kind of circumstance cannot maintain compose to become the forcible rape inside marriage easily, otherwise too beyond the mark too inhuman. 4, if the case is more severe, the victim can ask civil compensation, seek redress medical expenses and mental loss expenses. 5, use violent means for a long time to rape a wife, cause serious harm to health of wife body and mind, affection having an injury proves and of witness testimony; 6, stem from the purpose such as money of retaliation, graph, help other rapes a wife; 7, although already was registered,marry, but have not live together, behavior of hair natural disposition enforces after the woman puts forward to divorce; 8, feeling of husband and wife truly already burst, and live apart for a long time, have live apart of agreement or witness testimony.
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