“婚内强奸”犯罪化立论、实践再思考

中西方法制发展史上都曾经历了或者正在经历一个"婚内强奸"犯罪化的理论与实践演进过程。而"婚内强奸"犯罪化也正是我国法律界尤其是刑法学界热烈争议的焦点问题之一,存在着众多观点。对于这场学术之争的评述以及对"婚内强奸"犯罪化立论基础的批判性探寻,可以有助于求解立法、司法实践中存在的一些相关问题。

Theoretical Construction and Practice of Criminalization of Marital Rape

As far as the convicting of postnuptial rape concerned,there has been or is an evolving process going on in theoretical as well as practical layers in the development of law system both in the east and west.The convicting of postnuptial rape is one of the heated debating core issues in legal academy,especially in the circle of criminal law.Conflicting viewpoint of various kinds exist,turning out to be more and more complicated while agreement is never reached.Therefore,comments on this dispute and critical exploration of the tenability of the conviction may help to solve relevant problems in the legislative and judicial practice.