强奸罪理论新探

The New Theoretical Exploration of Crimes of Rape

传统的刑法理论认为,构成强奸罪的客体是妇女性的不可侵犯的权利,作者认为传统的刑法理论缺乏面对真理的勇气,在论及强奸罪提起性自由权时也是遮遮掩掩,强奸罪所侵犯的客体应是女性性自由权。作者力图从一些被人们忽略了的角度,审慎地对强奸罪作了进一步地透视与剖析。

The traditional theories of criminal law believe that the object of composing crime of rape is the female inviolable rights. The author believes that the traditional theories of criminal law lack the courage of facing the truth in an all-round way. In stating the crimes of rape and mentioning the free right of sex. the traditional theories also hide from view. The crime of rape invades the object,which should be the female freedom of sex. The author has made utmost effort to further X-ray and analyse the crimes of rape carefully from the angles which people lose sight of.