The Judicial Ascertainment Of The Crime Of Abuse And Legislative Perfection

Along with economic development,increasing pressure makes the abuse in the real life emerge in endlessly. Diversity of abuse, which breaks through the boundary between the crime of abuse, The abuse of non family members cause many academic controversy, The development of non traditional family form is to subvert the people’s traditional cognitive concept. "criminal law amendment(9)" through the examination and approval in 2015, Legislation has been further improved, however, the defects of the crime of abuse and the new problems in the judicial practice, and when it comes to see the gradual improvement of the crime of abuse, is still limited by the lag of the legal characteristics.Based on "criminal law amendment(9)" to modify the abuse crime and the crime of abuse still exist problems to discuss.The first part, from the concept of the abuse crime essence of analysis, this paper focuses on the meanings and characteristics of the crime of abuse of detail, based on the outline of abuse crime legislation evolution in our country, the comparison of foreign criminal law provisions of the crime of abuse on deepening understanding of the crime of abuse.The second part, focuses on the study of complicated problems in the judicial cognizance. The plot of the crime of abuse of related theoretical analysis, the understanding of " circumstances of aggravation", from the perspective of motivation purpose and behavior means. In comparison of the crime of abuse and intentional injury, abandoned definition to distinguish.The third part, in to understand China’s current abuse on the legislative defects of sin,for the lack of corresponding to give perfect Suggestions, hoping to within the scope of the regulation of the criminal law, to better protect the victim’s personal rights and interests.