掀开法律的男权主义面纱——对中国当代性犯罪立法的文化解读与批判

我国当代的性犯罪立法中还残留着许多男权主义的印记,具体表现为:受男主女从的文化影响,把强奸罪的实行主体限定为男子,受害人限定为女子;受生殖文化的影响,将强奸中性交的概念定义为男女生殖器的媾合;由于将强奸视为对男人权利的侵犯,因而对其引起的纠纷由国家垄断处理权.现行立法与社会现实存在着一定的矛盾,因此,立足中国现实,借鉴西方经验,改革我国现行的性犯罪立法是当务之急.

A Cultural Explanation and Critique of Chinese Contemporary Sexual Crimes Legislation

There exist many imprints of male chauvinism in the contemporary sexual crimes legislation of our country.As demonstrated by the following facts:impacted by the culture of women submitting to man,the subject of crime of rape is mainly limited to male,while the victim is limited to female;influenced by the reproductive culture,the concept of rape is defined as sexual intercourse between male and female;because rape was treated as a violation of man's right,the settlement of disputes arising from it was monopolized by the state.There are some conflicts in our contemporary legislation.Therefore,it is an urgent task for China to reform our existing legislation of sexual crimes based on our realities and to absorb the western experience.