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Research On The Crime Of Abuse

Posted on:2015-02-10Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2296330428952139Subject:Law
Abstract/Summary:PDF Full Text Request
The abuse of crime involving domestic violence, frequently occurring withsevere circumstances and consequences, has caused wide attention from home andabroad. Especially with social development, various forms emerging, it has become aprominent problem badly affecting our family and the whole society. From theperspective of human rights protection, crime prevention and sentencing equally, atthe same time in light of global legislating and enforcement, there is a great necessityfor us to consider the following factors including the criminalization condition,enlarging scope of subject application of the crime of abuse, aggravating statutorysentence and excluding the system of “no trial without complaint”.In It’s very cautious in identifying domestic violence in the course of judicialpractice, which requiring two or above two times of police calling record or theguarantee of non-violence again. Usually long lasting domestic violence can make upof maltreatment which is much harder to be sentenced as the crime of abuse. Thecrime of abuse is rarely applicable in judicial practice, private prosecution can beeasily countable, in particular, there is even no judicial precedent for privateprosecution about the child abuse by parents. For the crime of abuse it’s commonthere is a strict condition to open a course while sentencing lightly, which in a waymaking it harder to meet the criteria of abusing cases.
Keywords/Search Tags:the crime of abuse, current situation, cause, damage, legal regulation
PDF Full Text Request
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