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我国家庭暴力现象呈上升趋势。“2002年,全国妇联接到关于家庭暴力的信访量就到3.66万件,有关夫妻间的暴力信件达3万件,同时40万个家庭解体,25%的起因是家庭暴力,33.9%的家庭存在家庭暴力,31.7%的人承认配偶对自己有暴力行为。”家庭暴力并不止打骂一种方式,往往还伴随着非法拘禁、强奸等行为,这时,是以虐待罪一罪处断,还是以虐待罪、非法拘禁罪、强奸罪从一重罪处断,又或进行数罪并罚,司法实践中,各地判例各不一样。本文拟结合刑法罪数理论,对虐待罪中发生非法拘禁和强奸行为的法律适用进行探讨。
The phenomenon of domestic violence in our country is on the rise. “In 2002, the All-China Women’s Federation received 36,600 petitions for domestic violence, with 30,000 violent letters between husband and wife and 400,000 families disintegrated, 25% of which are domestic violence and 33.9% Domestic violence exists in the family, while 31.7% admit that the spouse is violent to herself. ”Domestic violence is more than a form of abuse, often accompanied by illegal detention and rape. At this time, it is a crime to abuse Broken down, or to abuse, illegal detention, rape crime from a felony break, or a few crimes and concomitant punishment, judicial practice, different jurisprudence around. This article intends to explore the legal application of illegal detention and rape in the crime of ill-treatment based on the theory of criminal law crime number.