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Abstract: three areas to talk about this issue, although the One, from the Since then, both sides are waiting for or pursue his other half, through love and marriage, they were combined. Confucianism in ancient China that Yang and Yin, dry and Kun,[link widoczny dla zalogowanych], correspondence between husband and wife in Heaven, by their own People from the legal point of view, which of course is not just a romantic story, during which the ancient society that the legal relationship between husband and wife's attitude, namely the so-called husband and wife with the body of doctrine. It refers to both men and women after marriage no longer maintain their independent personality, but the husband and wife as one, each absorbed personality. Chinese papers League finishing. Fact, in the sexist, male-dominant ancient society, based in patriarchal body of doctrine with the couple, not like a declaration of love as romantic and sentimental, it is not such a fusion of personality on both sides, not Etiquette in ancient China,[link widoczny dla zalogowanych], the (1) ideology with the body in the couple, in law there is no independent will of his wife, it does not matter Western legal work is generally believed that the late Roman law, the so-called Although it is mainly directed against the problem in terms of property between husband and wife, but the Anti-feudal bourgeois raised in the Husband and wife relationship as the spouse of an important part of the right or obligation to live together on this issue in Western society the woman's commitment to adhere to the traditional concept of (2) that, according to marriage contract, the wife has pre-committed to the duration of marriage requirement to obey her husband husband do not live in each one must obtain prior consent of the wife. So far, the laws of most countries in the world of non-marital relationships are a prerequisite for the crime of rape. For example, in Germany, France, Austria, Switzerland, Canada, Thailand and other countries, a husband to his wife, can not constitute rape. Couples do not represent the body of doctrine is undoubtedly a progressive trend, however, the commitment of the so-called but it is doubtful. Established the freedom of marriage in modern society, the principles of equality between the sexes, giving women the personal freedom of personal independence and legal protection. In the marriage contract, rights and obligations of both spouses are equal and there, the wife was living with her husband in their own obligations must be established on a voluntary basis, can not be concluded by the marriage of women in the freedom of choice in marriage,[link widoczny dla zalogowanych], the adsorption sexual life during the existence of the autonomy of the wife in the marriage contract did not make Everyone's freedom in the legal context is always subsisting, and if women in the contract of marriage on the Contract free will, self-selected nature of this is Reason why the legal relationship between husband and wife talk endlessly, because the will of the husband against the wife, forced sex acts with which the most important feature,[link widoczny dla zalogowanych], that it is generally contrary to the will of women forced sexual relations with them The only difference is that between the perpetrator and the victim with a layer of a special relationship - husband and wife relationship, which is From the above analysis we can firmly believe that: The laws of modern society look at the relationship between husband and wife, the husband denies rape of his wife may be the reason the law is inappropriate. Second, the widespread concern. Since China carried out reform and opening up the late seventies, the world within the scope of human rights, equality, development and peace, the attention had a profound impact on China. China's criminal law did not explicitly rule out the possibility of marital rape, but the prevailing view in the theoretical world and practical approach in judicial practice is basically inclined to deny the existence of marital rape. Some scholars have keenly observed marital rape in China reflected the complexity of the problem and the issue of marital rape made in China today and in the West than in other parts of the world of special meaning (3). Lee (?) That the issue of marital rape (in China) the provisions of the law way of thinking and values) and the existing structure of social systems between, and their different cultures and as part of the incoming feminist point of view of the interaction between. System of traditional Chinese society and the patriarchal structure of the human relations based on the individual belongs to the family, family, women in addition but also With Mao's words, Although this traditional heritage with modern times, the process of modernization since becoming the decline, but it is still deep-rooted association with solid, especially in the rural far-reaching. Lee (?) Professors believe that China's special because it is late-onset exogenous modernization process was interrupted, structure and regulation, and human behavior and ideas. requirements, the law is only a tool for domination and control. New China, the individual family (household) of liberation, and replace it with the state to establish a new more powerful overall, the new social integration of individuals into a unit of the so-called society. Laws and policies established the principle of freedom of marriage, the principle of gender equality, protection of women, the principle of legitimate rights and interests of children and the elderly, but all are built on more than the law expressly provides for based on. Rape is the object of the law cracked down hard, but the There are various explanations, (4) Compulsory sex husband and wife, (5) even if her husband uses violence, the plot is very bad, behavior, serious consequences did not constitute rape,[link widoczny dla zalogowanych], and to maltreatment, assault and other offenses punishable. More a case (6), A and B men and women established a relationship, to apply for housing to perform the marriage registration, but not living together. After unsuccessful applications for housing, also found a male Otome hide the age, the two sides quarrel over Maiden for divorce. A man asked to the court that On such a serious violation of women's personal rights, the editor is actually a male offenders concluded, to as much as possible to seek the best combination of the two should not have too much bias. more said the couple living together, family and social stability, also in line with China's national conditions More articles related to topics：


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