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On The Legislation Perfection Of Abuse Crime

Posted on:2015-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:J L XieFull Text:PDF
GTID:2176330431476654Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Abuse is a global problem, the popularity of consciousness of human rights has accelerated the pace of the pursuit of equality and opposed all forms of abuse became a topic of global concern. Although China’s criminal law abuse sin is prescribed in article260of the criminal law to abuse, but the regulation has not been effectively, if we want to find the reasons,you chould see that legislative defects existing in the torture itself is one of them. The abuse of criminal law is defined as "to be handled," only this happens a lot to indulge in criminal behavior, but the legislation only "vile" provisions, and not on the "vile" to make analysis and limit. This virtually expanded the discretion of the judiciary, makes a lot of abuse of the criminal law sanctions should be ignored or even acquiescence, combined with the results of aggravated ill-treatment provisions are too general, can easily result in felony lighter penalty, And on the subject of crime legislation that is too narrow, making the legislative protection of legal interests between supply and have some conflict "abuse" can not solve the large numbers of society. To adapt to the development of society, our country maltreatment should be some modifications, expanding crime subject to maltreatment "has custody, care, education, supervision and responsibility of the people," The abuse occurred in the relationship between these particular people into the criminal regulation in the past. At the same time raising the minimum statutory sentence maltreatment. making it legal punishment and other personal injury and other crimes flat. Cancel the provisions of the "tell to handle" To address the requirements of the legal punishment and the crime is too monotonous, you can increase property punishment and punishment applicable qualifications to properly play the role of criminal law to protect society.
Keywords/Search Tags:the crime of abuse, abuse, intentional injuries, subject ofcrime
PDF Full Text Request
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