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On The Crime Of Ill-treatment And Guardianship

Posted on:2018-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:D LiuFull Text:PDF
GTID:2356330536965342Subject:legal
Abstract/Summary:PDF Full Text Request
Children are the flowers of the motherland,for the protection of children's rights is a universal concern of the international society from all walks of life.Due to media reports in recent years,teachers of child abuse,nanny baby abuse of abuse among the family members has been brought into public focus.Under the scholars and populace's call,on November 1,2015,"criminal law amendment,finally will abuse custody,care person crime in criminal law,as one of article260 of the criminal law" the abuse of custody,caregivers refers to minors,the elderly,sick,disabled,etc.The person responsible for the custody,care,abuse custody,care,if the circumstances are flagrant behavior." In this paper,we adopt the method of case analysis,choose the latest crime case,the essay discusses about the problems,first of all,introduce related cases and extract the dispute focus;Second,the controversial focus of the case;Finally,through the study found that this crime is still exist deficiencies,perfect Suggestions are put forward.Besides the introduction and conclusion,this paper is divided into four parts,the main contents are as follows:The first part is the brief introduction to the case ofdispute focus and tease out the case.This part mainly from the Chinese judicial documents online to find the latest case,brief overview for each case,a clear abuse custody,caregivers,the judicial practice of sin,and through the analysis of the practice of related cases treatment found cases of disputes.The second part is to extract dispute focus in combination with the first part of the case to discuss.First of all,the abuse of custody,the establishment of the crime of caregivers were analyzed,and through to the behavior of the guardianship,caregivers cruelty of social harmfulness and abuse custody,care the children subject to sin and the sin of sin.Second,to abuse custody,the crime of caregivers and intentional injury,abuse,stir-up-trouble crime,the crime of insulting to the crime and he studies.To discover this crime in the problems that exist in the judicial practice,try thinking about how to solve these problems.The third part mainly is to try to put forward some ways of guardianship,caregivers cruelty perfecting suggestion.Through the study found that this crime exist some unsolved defects,such as crime subject has limitations,unreasonable charge mode,punishment not harmonious and so on,attempts to put forward some immature Suggestions reference for scholarsand lawmakers.Because on this article,the author theory foundation is bad,some views may be superficial,hope you correct them.
Keywords/Search Tags:abuse of social, harmfulness criminal, law amendment, the family members
PDF Full Text Request
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