论婚内强制性行为的刑事违法性-法律专业论文.docxVIP

Abs仃actMarital Abs仃act Marital compulsory behavior and relationship is a kind of contradictory relations，on the one hand，some people use marriage as a excuse to avoid criminal liability，forced sex with his wife，cause serious harm to women’S physical and mental health；On the other hand marital compulsory behavior to accelerate the relationship broke down and caused social unstable factors． Our current marriage law is not obligated to sex of husband and wife， also have no provisions on marital compulsory behavior，and just general provisions：”between husband and wife should be faithful to each other， respect each other；family should respect and help each other，maintaining equality，harmonious and civilized marriage and family relations．”In the current criminal law in our country，also has not made relevant provision， only to the domestic violence behavior in violent crime of interfere with freedom of marriage and abuse of the rules．In marriage law interpretation (a)，only in a hurry take a provisions on domestic violence，not to mention marital compulsory behavior and sexual violence，this domestic legislation can be other country legislation，Europe and the United States and Chinas Hong Kong and Taiwan regions have established the different level criminal richtswitrig marital compulsory behaviour，even file in more than two decades ago by the UN should be clearly pointed out that domestic violence including sexual violence． From the crime constitution theory，j udge whether a behavior belongs to the key depends on whether the crime have criminal illegality， IlI 万方数据 therefore，the therefore，the author determined on marital rape a temporary inconclusive issues，from the marital compulsory behavior，its criminal illegality．So in theory of marital compulsory behavior is incorporated into the scope of criminal law adjustment is of great significance．Currently discussed a lot about marital compulsory behavior，but most think does not constitute a crime，or simply from the analysis on