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A Research on Marital Rape

Author: ZhangJianLan
Tutor: WangLi
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Marital rape Normal marital rape Non- normal marital rape Criminalization
CLC: D914
Type: Master's thesis
Year: 2008
Downloads: 395
Quote: 0
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Abstract

After entering the 1980s, in a time of less than 20 years of marital rape definitely say getting past denial that has replaced. But. We should clearly recognize that another completely crime \Crime is different from the general negative social evaluation, it has its own concepts and features, not all been negative assessment of the social behavior should be incriminating. The paper will make a comprehensive and in-depth discussion on marital rape. The first part of the thesis similar case judgment different from the start, come out of the theoretical differences by differences in the judicial practice, to say for sure that the comprehensive review, negative theory, based on compromise said. \The second part is \Horizontal, in accordance with the first domestic after abroad, longitudinal order far from the ancient legislation \The third part is the focus of this article, and later expanded the premise. In the name of \Furthermore, in the narrow sense of marital rape is divided into two different situations: \Since then, elaborated on the concept of \, the latter time and space, the subjective feelings of the subject and the victim as the starting point. At this point, the parsing of \The fourth part is the core content of this article, from the four aspects of criminology, criminal law, criminal policy, relations with the relevant legal issues comprehensive, in-depth, systematic analysis of \demonstrated in front of the reader, the theoretical basis of recommendations by later legislative and judicial. The fifth part is the content of the paper concludes, is the significance of this article. Analysis in accordance with the specific problem, namely, the principle of the respective status of qualitative, the \three different situations, and rape criminalized \The particularity of the problem of marital rape, the complexity and sensitivity of the decision we should have a cautious attitude in dealing with the problem. Therefore, we must improve marital rape, criminal law reaction threshold - that is the only stage of divorce \strength - that is, given a lighter or mitigated punishment given public social larger free space.

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