婚内强奸的理论争鸣和立法探究

Theoretic Disputes and Legislative Exploration on Marital Rape

婚内强奸一直以来是困扰理论界和司法实务界的一大难题。对此,人们可谓仁者见仁,智者见智,但并未达成一致意见。作者拟从婚内强奸的理论争鸣着手,探究其法理原因,并结合中国的现状,提出适合中国本土的婚内强奸的立法建议。

Marital rape has been a hot problem not only in the theoretic field but also in the operational field for a long time. Every scholar has his own ideas about this, and by now the scholars still haven't come into an agreement. By comparing the theories of marital rape, the author explores its theoretic basis. Considering China's national conditions, the author gives some legislative suggestion about marital rape appropriate to China.