On The Determination Of Abuse

The harmony and stability of family serves as the premises of social prosperity andstability. As the rising hope of the nation, children and adolescents should receive moreattention from the public in terms of both mental and physical health. Children who sufferfrom maltreatment during his or her early ages may long live in the shadow of irreversibleimpairment, and the influence can be serious and profound. Therefore, the study and researchon abusive behavior and its prevention are of great significance.With the development of society, new types of infringements are appearing from time totime. There is still much room for further discussion on the confirmation of the crime of abuse,based on the status quo of our country’s legislation. The present study selects three aspects ofit for detailed discussion and meanwhile comes up with brief suggestions for the legislation ofthe crime of abuse.This study puts emphasis on the following three perspectives: firstly, ways ofill-treatment behavior, namely whether "neglectful abuse" can be independently recognized asmaltreatment; secondly, the scope of maltreatment object; finally, the consequence ofmaltreatment, namely, the boundary between being tortured to death and crime of intentionalhomicide.It has been widely accepted that crime of abuse mainly manifests as active form ofbehavior such as beating and scolding, freezing and starvation, restraint of liberty and so on.However, spiritual neglect in other words indifference towards family members is fairlycommon in modern society, which causes negative result as bad as active abuse behavior.Therefore, given consequence of such “neglect abuse”, it can be listed dependently as onetype of abuse crime.The victim of maltreatment generally refers to the co-living family members. Still as forthose trafficked children and abandoned infants without legal adoption procedures, there isdefacto co-living situation of family members. Even though without lawful commitment,concerning the explanation of family relationship and the legal right protection to the victims,this case should be identified as family member relationship and children under thiscircumstances can be classified as victims of crime of abuse.Abuse to death as a more serious result shares some common characteristics with intentional homicide in family. It needs judging and distinguishing in specific cases to achieveaccurate conviction. This paper mainly discusses the distinction between the two from theaspect of abuse to death and crime of abuse.In terms of perfecting abuse crime legislation the paper focuses on the following twopoints: Considering a serious harmful incidents like “Children abuse cases in Wenzhou”, thispaper proposes that the scale of target of crime should be enlarged to include people inguardian relationship similar to family relationship and those who involved in close rights andobligation relation.Taking the principal “Prosecution upon complaint” into consideration and the existeddifficulties that part of juvenile victims are unable to protect their lawful rights and they haveno direct relatives representing them make complaint, the scale of prosecutors should bewidened to protect the rights of victims.