Discussion On The Crime Of Abuse

Crimes and punishments are all stipulated by law is the basic principles of criminal law，criminallaw articles is the bible of the judicial person. So, criminal law articles which are explicitness,reasonable, rigor is the key to get a good implementation of criminal law. This article is based onapplicable status quo of the crime of abuses in China, Combined with theoretical analysis,problems was founded that the crime of abuse regulation exists a deficiency,and it’s justbecause the law is no longer adapt to new social form. Based on this cognition, the author notonly from the perspective of applicable to abuse crime in reality, also from the perspective ofjurisprudence, hermeneutics, punishment law and other theory analysis, trying to find abusecrime legislation which is accord with the actual situation of our country, hoping that throughprovisions in the criminal legislation from the new Settings, and then make the abuse behavior incriminal law regulation is more reasonable and easy to apply.This paper is divided into fourchapters to discusses:Chapter one: First of all, the introduction mainly is about our country the legislation history ofthe abuse of crime, Then, introducing the current criminal and noncriminal laws of the protectionof abuse, Finally, discussing the legal definition of abuse, the purpose is to clearly define thescope of our study.Chapter two： Mainly analysis the application problems of the abuse crime law in china, mainlyin three aspects:1.the cognizance of crime subject scope is too narrow;2. The punishment toabuse is not enough;3.No trail without complaint set is not complete reasonable.Chapter three：Mainly try to find a solution of the three above mentioned problems, which isbased on the above issues, and to reflect on the unreasonable place. In addition, this chapter alsodiscusses another controversial problem in this crime, about whether to delete this scenarioanalysis.Chapter four: mainly based on the previous discussion, on the basis of reference and theexperience of exile to the abuse of criminal law, and put forward my own thought, to be moreperfect, to get a nice criminal law provisions on regulating the abuse of sin of our country.The innovation point of this paper is reset the point the crime of abuse Handled only upon Complaint,Current paper arbitrarily provision that, all abuse victim which suffer no seriousdamage are set to seek relief only by himself or not, which ignore the different behaviorcharacteristics of the object, makes part particularly vulnerable victims in practice can not seekrelief in criminal law, should be treated differently.