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强奸罪是刑法中一个常见罪名,但对该罪中轮奸这一加重处罚情节的成立条件,不论是理论界还是实务界均颇有争议。此文以一个司法案例为入手点,试图厘清轮奸这一加重处罚情节的成立条件,以期起抛砖引玉之效。
Rape crime is a common crime in criminal law. However, the conditions for setting up the aggravating circumstances of gang rape in this crime are quite controversial both in theory and in practice. This article starts with a judicial case, trying to clarify the conditions for the aggravating circumvention of gang rape, with a view to initiating the project.