Author(s)

Yingyu Lyu, Shuo Fan

Corresponding Author

Yingyu Lyu

Abstract

The second nature of criminal law (sekundare-Natur) determines that the issue of "marital rape" is not only a question of criminal law, but also a problem of civil law. Regarding this issue, the focus of debates on various theories comes down to the cohabitation right. Only by analyzing the right of conjugal cohabitation and its legal attributes can we logically accomplish the basic rechtfertigung of the illegality of marital rape behaviors.

Keywords

Marital rape, Cohabitation right, Right of claim