The Research On The Related Issues Of The Crime Of Abuse

The problem of abuse is not only a serious social problem,but also a problem of criminal law regulation.The crime of abuse and the mistreatment of prisoners is related to our criminal law.The Criminal Law Amendment(9)adds the abuse of custody,caregivers,thus creating a new bright spot of the abuse of crime in criminal law research.This article namely takes this opportunity to put forward my shallow opinion of traditional controversial points in crime of abuse,and the analysis of changes,in order to interpret my perception of the crime completely and systematically.This dissertation is mainly divided into three parts:The first part is behavior of abuse.This article starts with the behavior connotation,the behavior object and the action element.The main controversial point of the behavior connotation lies in whether the simple omission,the moral abuse is the scope of the criminal law,and the boundary between the parents' punishment behavior and the abuse of the child.Behavior object gets it involved how the Criminal Law Amendment(9)adapts to the existed law.In aspect of the new bill,the object of abuse is not limited to the category of family members,on the one hand,this adaption fills the gaps in legal punishment before,on the other hand it has also suffered criticism that goes against the restrictive principle of criminal law.Since the degree of"bad"must be obtained to attach punishment to abuse,so a series of standards of evaluation of abuse have to be put foward.Judge in the courts will carefully consider the case in order to deal with them injustice.The second part is the result of abuse.This section mainly discusses the aggravated crime and the number of crimes.How to determine the causality of"causing serious injury,death" and wheather the suicide of the victim can be attributed to the abuse have not reached a consensus in the academic world.As for the problem of the subjective aspect of the aggravated consequential offense the law did not make clear provisions.Although other charges get such a problem involved,to some extent,it can provide us the certain reference value.We cannot igore that abuse crime has its own characteristics,therefore we cannot copy other ways of dealing with this kind of problem directly.In addition,the aggravated consequences of abuse and the number of the crime may exist concurrently in certain conditions,so we also ought to clarify the relationship between them,after all,different causes of sentencing will result in different penalty.The third part is the punishment of abuse.For penalty regulations of abuse the current criminal law appears light,thus deterrent of punishment is confined to some degree.According to this,foreign criminal law provisions of the crime of abuse can offer us certain enlightenment.At the same time,the abuse is a combination of serious problems which involves in the social environment,family factors,growth experience,personality,and therefore when we discuss abuse we should never be constrained by the criminal law,on the contrary overall understanding is necessary.We should take various measures to solve the abuse problem,including criminal law.