刍议我国强奸罪

Thoughts on Crime of Rape in China

刑法总是随着社会生活的变迁不断完善自己的规制对象,从而适应社会生活发展的需要。然而,刑法自身所具有的权威性使刑法不能及时反应新形态的社会生活行为。如在"同性强奸"、"婚内强奸"、"女性强奸"等强奸罪问题上的去法性,致使刑法的惩处功能收不到效果。因此,必须及时严密刑事法网,将可纳入刑法法域进行调整的行为类型提早做入罪规定,为保障人权提供刑事法律依据,从而满足社会发展的需要。

the criminal law is always with the changes of social life and constantly improve their regulatoryobjects, so as to meet the needs of the development of social life. However, the authority of the criminal law it- self makes the criminal law can not respond to the new form of social life. Such as in the ＂homosexual rape＂, ＂marital rape＂, ＂female rape＂ and other issues on the crime of rape, resulting in the punishment function of the criminal law can not get the effect. Therefore, must be strict criminal law, the type of behavior will be adjusted into the criminal law domain before crime of criminal law provisions, provide basis for the protection of human rights, so as to meet the needs of social development.