Study On Judicial Deteermination Of Child Abuse Behavior Of Non-family Members

The crime of abusiveness is a form of crime clearly defined in the criminal law.The subject is limited to family members living together.However,with the exposure of child abuse behavior by non-family members in recent years,the lack of legislation on abusive crimes is also reflected.In order to effectively protect the legitimate rights and interests of the guardian and caretaker,the "Criminal Law Amendment(IX) of the People's Republic of China,establishes the crime of ill-treatment and guardianship,and establishes a.strong guardian and caretaker for young children-in a weak position.A strong protective barrier.In addition to the conclusions,references and other parts,the text contains four aspects.First aspect:present the purpose and significance of the topic of this paper,and briefly explain the main content and research methods of this paper.The second part:The author analyzes the characteristics of child abuse behavior of non-family members,and further elaborates the significance of non-family members' child abuse behavior.The third part:The author analyzes the crime of ill-treatinent and caretaker through the theory of four components of crime.Through the case of Shanghai Ctrip Child Abuse and the child abuse case of Xi' an Internship Teacher,the focus of the dispute in the case is pointed out,and the problems existing in the judicial determination of non-family child abuse behavior are summarized.The fourth part:from the determination of objective behavior and subjective mentality,the appropriateness to reduce the degree of physical and mental damage,and standardize the understanding of ?bad plot.''For the guardianship,nursing duties,guardianship,and caregivers to make substantive determinations,so as to solve the problem of non-family members' child abuse behavior determination and unit crime attribution.