论文部分内容阅读
关于成都的一起偷窥案件,新都法院将其定为强奸罪,判有期徒刑一年,缓刑一年。判决结果一出在社会公众中引起了轩然大波,很多人认为判决结果有失偏颇,甚至有人认为这成为思想定罪的开端。结合目前资料,本文对此案件进行了具体分析,认为存在三种可能:一是属于强奸犯的预备状态,应判为无罪;二是属于强奸犯的中止状态,应判为强奸犯(预备)的中止犯,免除处罚;三是不构成犯罪,仅是违背道德的行为。最后结合案件对目前存在的一些问题进行了反思,希望能够对我国法制建设的完善有所助益。
With regard to the case of vandalism in Chengdu, the Xindu court fixed it as rape, sentenced him to one year imprisonment and suspended for one year. The result of the verdict aroused an uproar in the general public. Many people think that the verdict of the verdict is biased, and some even think that this has become the beginning of criminal conviction. Combined with the current data, the paper analyzes the case in detail, and thinks there are three possibilities: one is the preparatory state of rapist, which should be acquitted; the other is the suspended state of the rapist, and should be sentenced as rapist ) To suspend the crime, exempt from punishment; third is not a crime, is only a violation of ethical behavior. At last, some cases are rethought in light of the existing cases, hoping to be helpful to the improvement of China’s legal system construction.