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The Theory Of "Abuse Crimes" Of The Criminal Law Perfect

Posted on:2015-01-15Degree:MasterType:Thesis
Country:ChinaCandidate:L B N H L M L T KaiFull Text:PDF
GTID:2296330431491874Subject:Law
Abstract/Summary:PDF Full Text Request
1997on the "Criminal Law" is a landmark changes. Every law have a importantrole taht protecting the legitimate rights and interests of victims. CriminalLaw Article260is a protective sheild for vulnerable groups from maltreatment. Due to the presence ofMaltreatment, domestic violence is no longer a " Not even good officials can settle family troubles"situation. In particular, it protect the legitimate rights and interests of women, children and theelderly. However, with the further development of the society, legislative defect of Maltreatmenthas slowly emerged, especially on maltreatment to groups like the young, the elderly,pregnantwomen and patients.And occurrence of maltreatment are nolonger limited to home,but some specialoccasions or groups of people with special relationship, like kindergarden teachers and children,elderly and the care workers, patients and other health care personels. The existing Criminal Law islack of the abbility of giving a negative evaluation to the abuse betweet non-family members, and Ibelieve that the abuse between these non-family members meets crime standards required by theCriminal Law. With the elaboration of the current provisions of Maltreatment,and analysis ofMaltreatment cases for defects,and comparing with foreign laws,the auther included the abusebetween non-family members into the overall system of Criminal Law to protect the rights ofpeople,and to improve the provisions of Maltreatment.Rationally review the internal relationshipbetween the scope of criminal law regulation and certern types of behavior, and guard against "legislation on the matter," the simplistic procession,using comparative analysis method ondomestic and foreign legislation, given some suggestions on renewing existing Maltreatment,andprovide a reference for future judicial practice.
Keywords/Search Tags:crime of abuse, Is not a member of the family, The criminal law perfect
PDF Full Text Request
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