Research On The Crime Of Abuse

Maltreatment as expressly provided in Chinese Criminal Law is one of several civil action, different from other crimes uniqueness.The crime of abuse stipulated in China’s criminal law260th, divided into two paragraphs.The first paragraph is the general constitutive elements of the crime of abuse, the provisions of the second paragraph of the aggravated crime of abuse.However, China’s current legislation on the crime of abuse as well as research and theory of incomplete, has the positive significance of the judicial cognizance of the so.Legal protection of the crime of abuse should be defined as the general right to say, comprehensive right here, including human rights, including equal rights.Personal power is directly related to human rights, including the physical body weight, but also spiritual personality right; right of equality on the spiritual level, by the Constitution and civil law.From a positive point of view, right of equality can make various rights of family members are sufficiently exercised; from the negative point of view, right of equality can ensure that family members do not abuse each other, perform their respective obligations.Methods specific acts of abuse includes traditional in the material directly on the victim’s body of abuse, such as for the physical implementation of unlawful physical force, also includes the rise in recent years of abuse; for the spirit of abuse mainly used nonviolent, speech etc.In addition, the specific forms of crime in the criminal law is divided into two kinds of act and omission. Specific to the crime of abuse, as a simple way can constitute the crime of abuse, and not as alone does not constitute the crime of abuse.On the crime of abuse range of criminal subject of understanding, common people who live together do not necessarily belong to family members, and belongs to the family members who are not necessarily live together. Theoretical interpretation of often family members explanation, definition of ignoring life together.In this part, the author based on a comprehensive interpretation of the position, from two aspects of family members and the common life of common definition of the scope of subject of crime of this crime and reasonable.Provisions of the crime of abuse of the aggregated consequential offense in particular, legal punishment is low, so the behavior of the aggravated result can hold the negligence of the subjective mentality.In question and the crime of intentional injury overlap, if abuse one "upgrade" resulting in the victim’s damage results, the establishment of the crime of intentional injury; abuse if prior to the individual crime, the crime of abuse and crime of intentional injury combined punishment for several crimes, or the establishment of a separate crime of intentional injury, and there is no crime of abuse and intentional injury the imaginative joinder of crimes.In theory, the crime of abuse of the circumstance, requirement of vile to constitute a crime.However, the provisions of the criminal law and the relevant judicial interpretations are not clearly defined vile standard.In practice, bad plot should be divided into subjective and objective of the aggravated the vile, subjective behavior of human motivation, objective behavior targeted, combat strength and frequency.In addition, parents exercise education right in the middle of the disciplinary power due to harsh and produce and phenomenon of abuse are not easy to distinguish, from justifiable and behavior of the legitimate exercise of legal rights, combined with a certain limit, the reasonable definition of the relationship between parental disciplinary abuse and crime.