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For a long time, sexual crime especially rape, usually are considered to be violating personal rights and interests of women, is the black women’s dignity, and lead to be disturb the social order of serious crime. Along with the progress of science and technology, the international relationship, and deepening reform and opening up to each social class, in the end, the changing social ideas that sex crime appeared some never before seen new characteristics. Among them, as society appeared the diverse sex subject such as transgender, the diversification of sex such as anal sex, the direct consequence is that forced sex crime than ever to also revealed a more new features. So, whether in the traditional meaning in China this level of understanding of rape, or in the legislation idea about rape, or the law of rape, after all, no matter which one has not to be new situation of the rape crimes covered in them all.......The legislation in China’s rape, basically have the following a few flaws: first of all, in the main body of crime, the traditional rape legislative model completely ruled out the women in the implementation of the rape crimes in the principal may be directly; Secondly, in the criminal object, traditional legislative provisions too narrow, so that the existing criminal law can’t put all the lawful rights and interests of citizens into the protection of the law of them; Finally, in the crime objective aspect, because our country still use the conservative criminal legislation idea, led directly to the judicial practice of sexual intercourse behavior definition appear too flimsy, can’t follow the development of the society, the result is existing in reality for various new techniques of the sex abuse can’t effective regulation.The author thought that, in the future, the legislation, the female body in it and be explicitly consider is the first thing we should do. Because time never stopped making progress, and is followed by the thinking of the people of the the change of the idea, thus, rape is no longer limited to one single men and women to become separate one has become a reality, and the rising crime rate with women, women as rape crime subject will have further expand trend. The main body of the crime of rape in women or even anyone, it conforms to the current social development trend, also can be in effective crime fighting crime; At the same time, looking in world scope, foreign legislation of change and the judicial practice updates, can see the criminal law should be overlooked in rape victim on criminals and the sex of the rules. In sexual behavior of diversity today, implement various sexual assault between people is possible. China’s present criminal law rape only protect women’s sexual rights, it is against sexual equality of the concept, in order to better protect the victim of sexual rights, criminal object should expand to men and even expand to anyone; In the object should not be limited to again "women’s sexual inviolable rights", but should be provisions for others sexual autonomy; In the objective aspect, at present our country criminal law theory as "sexual intercourse" connotation cannot be completely cover now already exists in the society all kinds of severity aggression. So, in the last and the huge criminal law under the umbrella, in the practice of the various types of compulsive behavior into all should be included in, the only way to do maximum protection to the victims of sexual autonomy and health of body and mind.
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