A Study On The Legislation Perfection Of Abuse

The crime of abuse is the article260thof the criminal law.The criminal regulationis about the abuse of family members. In the first part of the article, I briefly introducethe concept of crime of abuse, the constitutive requirements of crime of abuse and thelegislative process of crime of abuseIn the second part of the article, this part which based on the following six majorproblems which were produced in the application of the crime of abuse demonstratesthe necessity of improve the system of abuse: The criminal law scholars have defectson the understanding of abuse; because they ignored the sustainability of abuse andignored the randomness of abuse. The system of abuse on rights protection is biased;because it only protect individual from the abuse of family members. The confusingdemands on crime of abuse is hard to operate, because whether the plot of abuse isvicious are entirely depends on the cognizance of the judicial personal, the arbitraryand randomness of cognizance continually produce the kind of case in which thesimilar cases but with different ending；which severely damaged the criminal law’sfairness、justice and authority; The penalty don’t conform to the principle whichrequire that the punishment should be match to the crime’s vicious，because in somecases which the victims were seriously injured or died due to long-term abuse，but theabuser was only sentenced a lighter punishments for his crime; In addition, theminimum punishment of abuse even sometimes lighter than the minimum punishmentof the crime that the negligence cause other people injured; And those penalty setdeviated from the justice of the penalty principle. The private prosecution system andthe judge mediation system have been applied in domestic abuse cases, and thosearrangements have bad effects, because those arrangements have caused a lot ofserious cases in which many people were abused into seriously injured or died, andthe victim can’t continue to endure abuse, and finally the victim intentionally hurt orkill others; the penalty set on the assessment of crime harm despise mental injury, andthe judge always ignored the victim’s mental damage when they judge a abusecase,although this kind of inhumane behavior is deliberately to torture others physicalor mental;and easily damage the victim’s mental healthy,but the appraisal standardof personal injury degree of our country has not provisions on the victim’s mentalimpairment. All above institutional defects demonstrates the necessity of improve thesystem of abuseIn the third part of the article,namely in the legislative suggestions of perfectingthe system of abuse，this paper puts forward the following suggestions: I suggest tobreak the “family members” of identity of the restrictions, so it can applies to anyone;we should define the minimum requirements of the vicious of abuse plot, in orderjudicial organs to realize the justness and balance of penalty; we should adjust thepunishment of abuse,in order to realize the principle which require that thepunishment should be match to the crime’s vicious; we should broaden the scope ofpublic prosecution of the abuse cases, in order to reduce the number of serious abusecases;we should set the sentencing system which based on behavior plot,in order to give a heavier punishment to those who’s behavior demonstrates more harm to thesocial; Through those improving legislative suggestions, the crime of abuse can playa more important adjustment role in the society.