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On The Regulation Of The Abuses Of China's Criminal Law

Posted on:2009-12-01Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LinFull Text:PDF
GTID:2206360245976884Subject:Legal theory
Abstract/Summary:PDF Full Text Request
In China's criminal law, crime of ill-treatment is one of the important rules for the regulation of violence within family members. Confined to some of the traditional ideas, abuse within family members is often regarded as a family quarrel, which is rarely regulated by the criminal law. Along with the deepening study of domestic violence at home and abroad, the demand of legal regulation (including criminal law) of domestic violence is rising. According to the judicial interpretation of the Supreme People's Court, persistent, recurrent domestic violence constitutes abuse of a family member. The crime has increasingly drawn the attention of the public. However, the concepts-"persistent, recurrent" are not clear, neither is the provision-"aggravated", the constitutive standard of the ill-treatment, so it is difficult to determine the crime of ill-treatment This paper starts directly with the definition of "abuse", analyzing the problems existing in the regulation of this act by the criminal law and then states how to apply this rule to two controversial abuses-spiritual abuse and sex abuse within marriage.This paper is divided into three parts. The first part is concerned about definition of abuse. The author holds that ill-treatment is physical and psychological torture and harm through internal control and suppression, pointing out that it is not advisable to use "persistent, recurrent" as the main criterion of determining ill-treatment and introducing the main reasons of crime of ill-treatment. And spiritual abuse and sex abuse within marriage are two urgent problems to be tackled in criminal law. The second part is devoted to analysis on ineffectiveness of criminal law about the psychological abuse. The author states that spiritual abuse also constitutes crime of ill-treatment and provides approaches to solving difficult cases. In the third part, the author holds that sex abuse within marriage can also be identified as crime of ill-treatment through analyzing its social harm and constitution of the act and disproves a prevailing idea of treating such act as crime of rape.
Keywords/Search Tags:ill-treatment, psychological abuse, forced sex within marriage, criminal regulation
PDF Full Text Request
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