Reasons And Prevention Ways About The Act Of Maltreating Subordinate Serviceman

Behavior of maltreating subordinate refers to the behavior that leaders and other chief officers in the army abuse their powers and adopt measures that are harmful for subordinate's mind, like beating, corporal punishment etc to torture and vandalize subordinates. Where circumstances of maltreating subordinates are severe by causing serious injury, death or other serious effects, crime of maltreating subordinates is established. As the remaining baneful influence of old army, maltreating subordinate phenomenon is against the nature of people's army in our country. However, in recent years, with the development of the Open Policy and the socialist marketing economy, many new situations appear in the relationship between officers and soldiers and the relationship among soldiers. The behaviors of maltreating the subordinates like beating and cursing, corporal punishment often happen. These behaviors infringe on personal rights of the soldiers, damage the relationship between officers and soldiers, damage the internal solidarity in army and seriously damage the image and reputation of people's army. It is an urgent subject for chief officers at al levels in the army to probe into reasons for behaviors of maltreating subordinates, analysis the characteristics of these behaviors and their effects and seek out a efficient way of handling and preventing. This paper discusses and probes into above problems from the aspect of criminology in four parts.The first part thoroughly analyzes causes of maltreating subordinate act. The individual causes of maltreating subordinates are: first, the basic attitude of grass root cadres of officers towards soldiers is not upright enough; second, legal concept of grass root commanders and officers is weak; third, their mentality is not healthy; fourth, their measures in controlling soldiers are not proper. At the meantime, the maltreated soldier's sense of rights is weak, not knowing to protect his lawful rights and interests through legal measure. This makes behavior of maltreating subordinates runs riot to some extent. Another reason for this behavior is that there are loopholes and weak points in army's management and education. These loopholes and weak points are: first,recognition of the damage of maltreating soldiers is not enough; second, the management of basic institutions is lack of inspection and control; third, the quality training for grass root cadres is not adequate; fourth, legal education for grass root armies is lack of focus and efficiency. Negative factors of social environment are important for the happening of this behavior. Negative social values like extreme individualism, money worship erode some soldiers' mind and they consider maltreating subordinates as way of satisfying their desires; in real society, there are many crimes, which themselves are the main reasons for triggering crimes; some bad inductions of the mass media and phenomena of seeking profits by power introduce methods of committing crimes to officers and soldiers.The second part is to discuss the reasons and bad effects of maltreating subordinates. Features of this behavior are: first, the duration of this act is usually quite long. When maltreating subordinate behavior of beating or corporal punishment by cadres in a unit, it always lasts long. Second, there are many people involved. Behavior of maltreating subordinate in the army is not always done by one person, but involving two or three or more people. Third, this behavior is hideous. Because this kind of cases occurs in a strictly-organized group, this problem may not be easily revealed. Fourth, social influence is abominable. This behavior is always denounced by people in the society, so its social influence is very abominable. Fifth, it is difficult to eradicate. At present, this behavior appears periodically in a passive state and cannot be eradicated. It not only infringe soldiers' personal rights, but also damage relations between soldiers and officers, affects army's internal stability and ruins army' s image.The third part lists legal liability of maltreating subordinate act, including: 1.criminal liability. Where circumstances of maltreating subordinates are severe by causing serious injury, death or other serious effects, crime of maltreating subordinates is established and the criminal shall assume criminal liability. 2. Civil liability. The doer of behavior of maltreating subordinate shall assume civil liability when the behavior seriously damages victim's mind and it is necessary to pay medical fees and living subsidies when the victim is ill or disabled. As behavior of maltreating...