Several Problems Of The Crime Of Abusing The People In Custody Or Tendance

In recent years,many abuses happen frequently,such as the child abuse by the nannies,maltreat of old people by the nursing workers,teachers abusing students and other events.And recently a nanny slapped the child and forced him to eat the rice cereal.Those abuses have caused a great damage to those children,elderly people physically and mentally.The high incidence of such incidents has aroused the concern and discussion of the whole society,and the public scream for using criminal law to crack down such acts on the high voice,and our criminal law for such acts on the regulation is blank,resulting in a lot of abuse is dealt in a light way.In order to protect the abuse of juveniles,the elderly,the sick,the disabled and so on,and also make response to the social and academic calls,?Amendment to the Criminal Law(9)?after Article 260 of the Criminal Law Add one as Article 260,which provides for the Crime of Abusing the People in Custody or Tendance.after the formal implementation of?Amendment to the Criminal Law(9)?,there are some cases of the Crime of Abusing the People in Custody or Tendance,and more and more scholars start studying such cases.However,due to the lack of formal judicial interpretation,the scholars have different views on some problems on the Crime of Abusing the People in Custody or Tendance,which has brought some problems for the judicial identification.This article intends to discuss the four aspects,the main actors,behavior,bad circumstances and imagination of competing.The main body of this crime,including the natural persons and units who have the custody and care duties.In the way of abuse,this article classifies abuse as physical abuse,mental abuse,economic abuse and neglect,and it mainly discusses the meaning and way of neglect.In the case of bad circumstances,this article discusses the crime of the determination of the bad situation of the natural person and the unit.I believe when affirm the gravity of the circumstance,the abuse time,the frequency of abuse,the object of abuse,the motivation and the consequences should be considered.The second paragraph of Article 260 of the Criminal Code provides for the imagination of competing situations,this article makes comparison on the crime and abuse,insult,intentional assault,abandonment,negligence caused by serious injury,the difference between death and death Compare,and discuss the punishment when the aforesaid charges combine with the crime.