法律理应成为女性权利的保护者,然而某些罪名的设立本身所隐含的却是对女性的歧视,并因此而无形中强化了女性原本弱势的地位。以强奸罪的设立为切入点,探讨此种罪名是如何确立并强化了女性的弱势,并在现有的社会场景下探索法律在提升女性地位中所应担当的角色,有利于从法律的维度探寻实现男女平等的路径。 Law should become the protector of women’s rights. However, the imposition of certain charges inherently implies discrimination against women and therefore in fact reinforces the previously disadvantaged position of women. Starting from the establishment of rape crime, it explores how such crimes establish and strengthen women’s disadvantage and explore the role that law should play in promoting women’s status in the existing social scene. Explore ways to achieve equality between men and women.