Research On The Application Of Crime Of Abuse And Legislative Perfection

In recent years,the abuse happens high frequently,the place expands from the family to school,and so on.And the abuse of crime can't have a role to play.Although the ninth Amendment to the criminal law changes the abuse of crime from the menber of family to other social relations,it brings about the new problem because of the identification.So this paper will talk about the feature of the crime of abuse,judgement of bavior and the deficiency and improvement.First of all,in the article of criminal law,the crime of abuse is characterized by the fact that the object of crime is a family member and requiresgravity of the circumstances,subject of crime requires guilty intent,and the objective aspect requires the behavior to be persistent and frequent.the law regulations of abuse crime in China and fremdness is different,fremdness about abuse of law generally divided into the following three categories: no subject of crime,formulate special laws or family members will abuse increase processing,through to the Chinese and foreign law,can provide ideas for consummates our country lack of abuse.Secondly,it will research the key of the newest research under the crime of abuse problems,which focus on the these four aspects such as physical abuse behavior,the range of family members in the subject of crime,the plot of the subjective and objective recognition and modified prosecution mode.First abuse and domestic violence itself has certain connection,regular,continuous constitutes abuse,domestic violence and to the extent of abuse,according to the foreign research and the regulation of "law of Marriage" judicial interpretation class,abusesincludes mental abuse and sexual abuse.Secondly,the range of family members in the subject,including in-laws and blood relatives,can also be extended to non-traditional family members.Furthermore,the subjective and objective identification of the plot includes motive,number of actions and duration,object and means of harm.Finally,for the mode of prosecution,it is amended to be incompetent and coerced,unable to tell the situation by coercion,and inability to include civil capacity,including litigation ability.In the end,through the discussion above,coupled with the through the discussion above,coupled with the "criminal law amendment" nine,recognizing the deficiency which including the scope of the physical abuse is too small,the determination of the emotional abuse is insuffcient,the statutory sentence on the low side and the litigation mode.Including properly expand the subject of crime,formulate a unified and perfect mental appraisal report and the improve the evidence collection process of mental abuse.So we can put forward the advise and the criminal law can really works.