Research On De-identification Of The Crime Of Abuse

In recent years,increasing abuse among non-family members has aroused widespread concerns in the society,such as the case of babysitter child abuse,iron care worker case,babysitter abuse,and cohabitation girlfriend child abuse.The exposure triggered discussions on the crime of abuse in the theoretical circle of criminal law,and the crime of abuse has not been able to completely resolve these cases.The Amendment(IX)to the Criminal Law,The addition of an article after the 260 crimes of criminal law as one of the 260 articles for the crime of ill-treatment of guardians and caregivers is an attempt to de-identify the crime of ill-treatment and a process of criminal law highlights,but there are still some defects in the modification of the crime of abuse,that is,the crime of ill-treatment of guardians and caregivers does not cover all non-traditional abuses,and it brings chaos in the application of laws and the imbalance of the criminal law system to the regulation of overall abuses.At this time,the complete de-identification of the crime of abuse is an effective way to solve the above-mentioned deficiencies.Breaking the inherent limitations of the crime of abuse as an identity crime deserves deep consideration to theoretical world.The author advocates completely removing the identity factor from the establishment of the crime of abuse,which is based on the root cause of the limitation of the crime of abuse discussed in this article,that is,the abuse can only occur between family members who live together.The crime of ill-treatment has a certain theoretical and practical basis at the beginning,but with the development of society,the continued use of this theory has revealed more and more disadvantages,and it cannot effectively deal with the endless and diverse forms of non-compliance.Traditional abuse also has the concept of protection against human rights,and it has blocked the development of regulations on abuse.In addition to the conclusion,the author will carry out research in four levels.The first layer introduces the research background,significance,research ideas and methods;the second layer,combined with the introduction of traditional actual cases,combs and analyzes the focus of the dispute,and proposes the crime of abuse as a crime of status.The essential flaws and their causes;the third layer,based on the basic theory of criminal law,analyzes the various elements of the objective crimes of abusive crimes to define non-traditional abusive behaviors,distinguishes them from the problem of crimes in judicial determination,and Comment on the Amendment(IX)to the Criminal Law of the crime of abuse and the added charges,namely,the crime of abuse of guardianship and caregivers;and the fourth layer draws concepts from relevant scholars,combined with China’s national conditions and social status,summarize the corresponding methods of de-identification of the crime of abuse,analyze and comment.The author hopes to address the practical problems encountered in the justice,By linking theoretical research with judicial reality,making the research content and support,it is beneficial to judicial practice,so as to promote the improvement of legislation on abuse crimes.Due to the concealed nature of abuse,the research difficulty of this article lies in the collection and acquisition of data.Only related data can be studied based on the available data.It is inevitably limited by the scattered and one-sided information,and is limited to its own research capabilities.It is difficult to be sufficient and perfect,and the theoretical level needs to be improved.I hope everyone can correct me.