Research On The Crime Of Abuse Of Prisoners

In recent years,"hide and seek","drinking water to die" and other places of supervision of abnormal deaths frequently exposed,the human rights protection of the people in custody has aroused widespread concern from all walks of life.The abuse of a regulated person seriously infringes on the personal rights of the person being supervised and seriously undermines the regulatory order of the state regulatory authorities.The establishment of the crime of ill-treatment of the supervised person fully reflects the progress of our country in the protection of human rights,but because of the particularity of the subject of the abuse of the supervised person,the object's weakness and the concealment of the behavior,the determination of this crime in judicial practice is difficult.The difficulty of determining the crime of ill-treatment of the supervised person mainly includes three aspects: first,the crime must be constituted to the degree of seriousness,how to define the criteria of serious circumstances;Third,whether a supervised person who is instructed to commit an ill-treatment can commit a joint crime with a supervisor.Through the analysis,the serious criteria that constitute this crime should be clarified by judicial interpretation,so as not to allow the court to abuse its discretion to cause judicial injustice,the supervisor "connivance" of the abuse committed by the supervised person should be recognized as "instruction",should constitute the crime,the supervised person instructed to commit the abuse can not constitute a joint crime with the supervisor.