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The Mistreatment Of The Mistreatment Crime

Posted on:2012-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:T DengFull Text:PDF
GTID:2246330395464629Subject:Law
Abstract/Summary:PDF Full Text Request
The crime of abuse is a typical type of criminality which infringes citizens’ democratic rights and disrupts citizens’marriage and family, and also it’s one of a few crimes handled only with complaint. There is quite a lot dispute between the criminal scholars and in many countries’ penal law. The meaning of mistreatment develops from the Etymology is different from the Criminal law. The mistreatment defines as an aggravated behavior which results in physical and mental abuse to family members with a constant, persistent and deliberate violence or nonviolence. The abuse takes many forms, some including physical, emotional, sexual and so on, some including omission and commission, and some the combination of omission and commission, physical abuse and emotional abuse in legal practice. The key point is how to range the family members, not the object of mistreatment which is generally acknowledged. The meaning of mistreatment develops from the Etymology is different from the Criminal law. Members of a traditional style family are certain targets while people who live under a non-traditional family pattern should not be one. However, family which is based on cohabitation or adoption relationship and meets the above features of mistreatment can be its objects. Otherwise, they should be excluded. Making a distinction between this mistreatment and other relative behaviors such as abandoning, intentional injuring is necessary and important. The abusing and abandoning are apparently different from that the typical omission and the non-family member can only constitute the abandoning, but the persistence and usualness belongs to the mistreatment. The distinction between mistreatment and intentional injure focuses on behavior pattern. The emotional abuse makes the former and requires a persistent and constant violence, but certainly not the latter. When the above two behaviors coexist, it’s feasible to punish the serious one.
Keywords/Search Tags:The Mistreatment, The structure of behavior, Identifying
PDF Full Text Request
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