The De-identity Reflection On Crime Of Abuse

The crime of abuse stipulated in Article 260 in out current criminal law expressed as “abusing of family members seriously”,obviously it's a stipulation that related to abuse between family members.But in the meantime,we found the special requirements of the crime of abuse for identity do missed some serious abuses take place between non-family members,considering that other relevant charge can't reasonably control such behavior reasonable,affecting the function of criminal law in this area.Considering the limitation of state crime and numerous cases take place between non-family members,the Criminal Law Amendment(9)has made some corresponding adjustments: increase abuse of guardian as Article 261 to regulate serious abuse of special groups such as minors,the elderly,patient and disabled person.It is undeniable that this has a positive effect in breaking the limitation of the identity of the abuse and resolving practical problems,but there is still a loophole in the adjustment of the overall abuse of society.In this case,it is important to seek a more secure way to break the limitation of the crime of abuse as a statue crime.Besides the “the theory of legislation” adopted by Criminal Law Amendment(9)in addition to Professor Zhang Mingkai as the representative of many scholars advocate “the theory of interpretation”—expanding the scope of the crime of abuse by expanding the interpretation of “family members”.However,after a comprehensive analysis,we found that the above two ways' function on eliminating the limitations of the crime of abuse is limited.Whether it is “the theory of legislation” or “the theory of interpretation”,are based on the original scope of the limited expansion,the solution to the problem to no avail.At this point,we consider the full de-identity of the crime of abuse,which based on the origin of the limitations of the crime of abuse the misunderstanding of abuse.People always think that abuse can only occur between people who have some kind of personal dependency,and can only be implemented by the dominant person,the disadvantaged person can only be the victim.It is undeniable that this concept has a certain theoretical and practical basis at the beginning of the crime of abuse,but with the continuous development of social practice,the drawback of using this theory are becoming more and more obvious,not only in dealing with some non-traditional cases of abuse,but also hindered the further development of the theory of abuse.Thus,the greatest contribution of de-identity is to provide us with a possibility of fundamentally solving the problem.After an in-depth analysis of this possibility,we found that it was not only in the evolution of the law of abuse,but also on the experience of foreign legislation.It also has a series of theoretical and practical multiple meanings to correct the deviation of the abuse,improve the criminal law system and solve the problems in the judiciary,and prevent the occurrence of the crime of abuse.Based on the analysis of the necessity and importance of the complete deportation of the crime of abuse,the author put forward some relevant suggestions on legal perfection,hoping to revise the limitation of the crime of abuse in the current criminal law.