目前,婚内强迫性行为即人们通常所说的“婚内强奸”的出现率正快速攀升。婚姻存续期间,丈夫违背妻子的意愿,采用暴力或其它违背妻子意愿的方式与妻子发生性行为,能否构成强奸罪的问题,一直是许多国家法学界人士争论的问题之一。在司法实践中,一些国家在对“婚内强奸”行为的法律规定和认定上也不尽相同。本文试图对“婚内强奸”行为,这个在司法实践中和司法理论界都存在重大分歧的问题作全面地分析和阐述,并强调其具有的重大意义。 At present, the maternity coercion is what people commonly call “the incidence of” marital rape “is rapidly rising. During marriage, the issue of husbands’ willingness to violate his wife’s wishes to violently or otherwise violate his wife’s sexual intercourse with his wife can constitute the crime of rape has always been one of the issues debated by legal scholars in many countries. In judicial practice, some countries also differ in their legal provisions and recognition of ”marital rape “. This article attempts to comprehensively analyze and elaborate on the behavior of ”marital rape", the issue of major disagreements both in judicial practice and judicial theory, and emphasize its great significance.