| Summary: | 碩士 === 東吳大學 === 法律學系 === 105 === Abstract
In this paper, we focus on the study of scholarly journals, theses, writings, and doctoral dissertations. Most of the treatises focus on homophilia or adultery, but few treatise on the crime of committing the crime of rape and adultery. Whether or not there is a punishable space in the thought of criminal law.
Therefore, this article attempts to discuss the evolution of the two crimes in China, the composition of elements analysis, the purpose of legislative review of legislators, the current practice of our problems, and scholars from China's national conditions, the current law is consistent with modern Social order, the protection of the weak, fairness and justice, but also for the good people to hold the last line of modesty, and then explore whether our country should be close to rape, adultery crime in-depth analysis, and from Some ideas and suggestions, trying to close relatives and rape and adultery crime to open up another new perspective.
This article is divided into five chapters, the first chapter of the introduction, the second chapter of consanguineous intercourse, the third chapter of adultery, the four
Chapter is about the practice judgment of consanguineous intercourse and adultery, and the fifth chapter is conclusion.
The first chapter is introduction, this chapter is divided into three sections: the first section of research motivation, the second section of research purposes, the third section of research Methods.
The second chapter of the crime of consanguineous intercourse, this chapter is divided into three sections: the first section to protect legal interests, the second component of the analysis, the three section to Legislative Policy Review. This chapter is mainly from the legal norms of the Department of Inquiry to avoid what the law , And to investigate the punish ability of consanguineous sexual offenses from the perspective of legal interests, and its appropriateness Sexuality or not, and then from the point of view of constituent elements of the crime of sexual intercourse, and legislators of the legislative purpose and Whether the legal norms to achieve its purpose.
The third chapter of adultery crime, this chapter is divided into three sections: the first section of the protection of legal interests, the second component of the analysis,
The three section to Legislative Policy Review. This chapter is mainly from the perspective of the rights of the persons to be protected by the law. And then from the legal interests to explore the crime of adultery, and the appropriateness or not, so as to constitute elements analysis pass. And finally from the legislative purpose of the legislative review .
The four chapter of the practice of consanguineous intercourse and adultery nearly a decade of practical judgments, this chapter is divided into two sections: The first section of the actual verdict of consanguineous sexual intercourse, the second verdict of adultery. This chapter mainly from nearly ten years.
To the practice of the crime of committing a crime with the attitude of the crime of adultery, observe the current society for the two crimes are viewed and transformed.
The fifth chapter conclusion and suggestion, this chapter divides into two sections: The first section conclusion, the second section suggestion. This section describes the main sections. If the results of the first four chapters of the study, put forward the views of this article and recommend the direction of future amendments to law.
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