新强奸罪的犯罪客体与既遂标准

On the Criminal Object and Criterion of Accomplished Offense of Rape

奸淫幼女罪罪名的取消 ,使得重新认识新的强奸罪犯罪客体与既遂标准成为必要 ,因为在这两个问题上 ,原强奸罪与奸淫幼女罪完全不一致。新强奸罪的犯罪客体应当统一表述为“女性性的不容侵犯权利” ,其既遂与否应采用统一的“插入说”标准。

Abolished the accusation of crime of carnal knowledge of a girl, it is necessary for us to re-recognize the questions such as the criminal object and the criterion of accomplished offense of new rape because two crimes, rape and crime of carnal knowledge of a girl, were not alike in abovementioned aspects. The criminal object of the new rape ought to be expressed like this: the right of allowing no violation of the female sex right. The criterion of accomplished offense ought to be: the penis having been inserted into vagina.