Research On Judicial Identification Of Abuse Crime

Currently,China’s judicial practices have been found with the following problems,concerning applications of the crime of abuse,including varied standards of determination standards,chaotic determination of aggravated offense that causes serious injuries and even death,and blurry boundary between the crime and noncrime.The cause-and-effect relation between abuse behaviors and invasion of legal interests stills calls for further clarification at the fact layer,and further clarification of determination standards at the legal layer.Therefore,the crime of abuse is faced with the dilemma of discrimination between the crime and non-crime,this crime and that crime.Theoretically,aggregated consequential offense and crime of willful and malicious injury have been distinguished from each other,but in practice they are still hard to tell apart from each other.The difficulty facing judicial practices o accurately confirm the crime of abuse is arisen from the behavioral characteristics of the crime of crisis,such as diversity and invisibility,and the specialness of the legitimate rights and interests protected by the crime of abuse to have the criminal law involving in family affairs.The solution of the above problems calls for an accurate grasp of behavioral characteristics of the crime of abuse,clarification of the boundary of the crime of abuse,and provision of feasible classification rules to realize a reasonable differentiation between the crime of abuse and non-crime and other crimes.Meanwhile,the boundary for parents’ discipline of their children should be clarified as well.Parents should not impose the “soft violence”,which is also a form of abuse,on their children while educating the latter.At the same time,if the daily educational behaviors are not controlled within certain limit,they might result in children’s suicide,serious injuries,deaths,or other serious consequences,either directly or indirectly.The crime of abuse is a criminal behavior which happens among family members frequently,and is characterized by continuity,concealment,variety of means,etc.Being hard to discover,the abuse behaviors,once found are usually accompanied by serious consequences.In order to the personal rights and right of equality of the vulnerable in a family without interfering in the relationship of family members too much,there have been some very high requirements put forward for the involvement of the criminal law in abuse behaviors.To grasp the timing of the involvement can nip the crime abuse in the bud and promote harmony in s family and society.