Criminal Regulation Of Atypical Abuse

In recent years, about the abuse that took place between non-family members intensified, causing widespread social concern, such as infant nanny abuse case, "blood and iron" case care workers, teachers, students abuse cases. These cases arouse concern at the same time, also led to criminal theories discussion on abuse crime, seen all kinds of papers in professional journals, scholars believe that ill-treatment of criminal law in force can not solve such cases. So whether it is public or criminal law experts who have called for a review of the provisions of criminal abuse. In these calls, the November 1,2015 ushered in the "Amendment (Ⅸ) to the Criminal Law" official purposes, which adds in a sixty deemed to have committed the crime of abuse as one of two hundred and sixty, while the Supreme People Court, supreme people’s Procuratorate "on the implementation of <people’s Republic of China Criminal Law> supplementary provisions to determine charges (f)" the one ("Criminal Law amendment nine" Article ⅩⅨ) of Article 260 offenses were identified as abuse care, caregivers crime, although the progress of the place, but the "Amendment (Ⅸ) to the Criminal Law" Article ⅩⅨ modification of abuse crimes still exist some problems, such as ill-treatment care, caregivers may not contain all the sin and atypical abuse. In this paper, starting from the case, the existence of common problems extracting cases of atypical abuse overview, then atypical crime or abuse, crime and other crime carried out this analysis, combined with "Amendment (Ⅸ) to the Criminal Law" About the revisions abuse offenses and increased charges namely abuse ward, caregivers sin assessed.In addition to the introduction and conclusion, this paper is divided into three parts as follows:The first part is an overview of atypical abuse. By abuse and typical abuse explanation, and then define what is atypical abuse, or atypical abuse refers to the presence of specific rights and obligations between supervision, management, employment, guardianship, care and other non-family members often, sustainable use of violence or other cruel means to make the victim suffer the dual physical and mental torture, vile behavior. By the definition of the concept of abuse of atypical behavior understanding constitute abuse of atypical characteristics to correctly distinguish how atypical abuse is a crime.The second part is the study of criminal regulation of atypical abuse. In the analysis of atypical crime or abuse on the basis of the phase when the abuse that constitutes a crime and criminal law offenses similar comparative analysis, mainly related to the crime of intentional injury, insult to the crime, disturb the crime distinguish trouble, and in this summed up his conclusions on the basis of.The third part is the "Amendment (IX) to the Criminal Law" evaluation. "Amendment (IX) to the Criminal Law" made a lot of modifications of maltreatment, such as expanding the scope of the subject of abuse, a special emphasis on the protection of vulnerable groups, the distinction between typical and atypical abuse sentencing range, etc., but the "criminal law amendment case nine "to modify abuse crime, there are still some shortcomings, such as expanding the body can not cover all abuse situations; power to protect the existence of bias; not effective convergence of other charges, therefore, deal with the problems, the author puts forward some concrete improvement suggestions redesign statute.For this paper, the author also has some deficiencies, some may be more superficial point of view. I hope you correct.