婚内强奸作为一种事实,在国内外的存在由来已久。随着女性权利意识的上升,婚内强奸的刑法规制日益引人关注,理论界和实务界均有不少人主张婚内强奸构成强奸犯罪。本文从罪刑法定原则和刑法的谦抑性价值出发,以婚内强奸和强奸罪所侵犯的客体的差异为主要切入点,论述了婚内强奸的非强奸犯罪性质。 Marital rape as a fact exists at home and abroad for a long time. With the rise of the awareness of women’s rights, the criminal law and regulation of marital rape is attracting more and more attention. Many people in both theoretical and practical circles advocate that marital rape constitutes a crime of rape. Based on the legal principle of the crime and the penalty as well as the modest value of the criminal law, this article takes the difference of the objects infringed by the marital rape and the crime of rape as the main points, and discusses the non-rape criminal nature of marital rape.