Research On The Abuse Of Supervised Persons

Practice is not only the source of the knowledge but also the only standard to test the truth. Proved by the practice in thousands of years, it is a great shock that the mistreatment for the supervised persons damages the supervised persons’ rights and is harmful to the national legal system, which manifests so obviously in the development of the Chinese civilization in thousands of years. From the slave society to the feudal society, the slaveholders and feudal landlords created all kinds of excruciations, even the slaughters. Thought these actions are masked under the shape of power, they are the serious damages to the supervised persons. With the human’s development in the civilization and the increase of human’s democratic awareness, the mistreatment to the supervised persons is forbidden and punished by the law and humanitarianism. However, this kind of phenomenon is not eliminated and eradicated completely, on the contrary, violations of human rights by the regulatory actions appear constantly. The mistreatment to the supervised persons is so harmful to the construction of the harmonious society, and goes against to the policy of constructing a law-dominated country. With the evolution of the systematic construction of human rights in our country gradually, the legislation for the mistreatment to the supervised persons goes with the tied of historical development. The profound analysis to the crime of mistreating the supervised persons benefits the scientific application of the law and protection to the supervised persons. But the legislation and study about the mistreatment to the supervised persons are not complete; therefore this thesis researches this crime in detail and puts forward some related statements.This article mainly uses the literature analysis, comparative analysis, empirical survey and other research methods, discuses the basic contents of abuse by regulators crime, constitutive elements of crime analysis and identified boundaries should be grasped, to find out the shortage of current law, and gives the suggestions.Except the introduction and the conclusion, this article consists of five parts.The first part, the basic content of the crime of abuse by supervisors. It starts from the basic content of the crime of the mistreatment to the supervised persons and analyzes the definition, basic features and the criminal reasons and so on, which reinforces the preliminary understanding to this crime and lays the solid foundation to the profound study of it.The second part, investigation legislation of crime of abuse by supervisors inside and outside. According to the investigation about the legislation to crime of mistreatment to the supervised persons at home and the development history of it, the essence is taken and the dregs are eliminated. Through the abroad exploration of this crime, a positive influence is formed on the legislative features and stipulation. So we can follow the foreign countries’ advantages which are the good examples to our legislation to this crime.The third part, the requisites to constitute crime of abuse by supervisors. By stating the constitution of the abuse of the supervised persons, the violations of law, the criminal acts and the criminal subject are manifested, which makes a good understanding to this crime from the essential level.The forth part, determine the limit abuse by regulators. It takes a further definition to this crime based on the third part, which defines the crime, the crime of abuse, the crime of extorting, the crime of intentional injury, the crime of retaliation and frame-ups and the crime of undermining supervision order clearly to strengthen the guiding significance of the juridical practice.The fifth part, perfect the supervision by criminal legislation. Based on the above indicates the development and advance of the legislation, which includes the rich contents of the legal fiction rules and the science of the crime belongs to infringing upon personal rights. The fifth part also analyzes the shortcomings of legislation in the allocation of the legal penalty and the depiction of the crime. According to the theory of criminal law related, put forward the corresponding improvement suggestions.