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婚内强奸是否构成犯罪?这是一个学术界和实务界都比较关注的问题。但婚内强奸绝不仅仅是一个法律问题,光从法律角度思考可能会得出错误的结论,必须从各个角度进行分析,全面把握。总体而言,婚内强奸并未侵害强奸罪中所说的妇女贞操这一根本法益,因此婚内强奸的非罪化是比较符合刑法精神和人们的社会心理的。
Does marital rape constitute a crime? This is a problem of concern to academics and practitioners alike. However, marital rape is by no means a mere legal issue. From a legal perspective, it may lead to erroneous conclusions and must be analyzed and fully mastered from all angles. Generally speaking, marital rape does not infringe on the fundamental legal interests of women’s virginity as mentioned in the crime of rape. Therefore, the decriminalization of marital rape is more in line with the spirit of criminal law and people’s social psychology.