Research On Criminal Rules Governing Maltreatment Between Non-family Members

In recent times, incidents (such as children being maltreated and old men beingabused) have been frequently exposed, which arouses the concern from all walks oflife. For those abusive behavior happened between non-family members, there arestill no corresponding charges in current criminal code. Although some criminalcharges(such as crime of maltreatment, crime of maltreating people in custody, crimeof maltreating subordinates, and crime of maltreating prisoners) have been set up toregulate this kind of behavior, they all cannot govern the criminal actions due to thelimits of subjects and objects of those charges. Thus, the current criminal code can’tstretch his hand to this kind of criminal offences. So, shall be apply criminal law toregulate maltreatment between non-family members? The author argues thatfrequently happened abusive behavior between non-family members has causedextremely harsh influence in society, has resulted in serious social harmfulness so thatcriminal law shall intervene.In addition to the introduction and conclusion, this paperis divided into four parts. And there are about30,000words. The main contents are asfollowed:Part Ⅰ: The author will explain the basic meaning of non-family members fromthe beginning of analyzing the basic concept of the maltreatment between non-familymembers in order to define the maltreatment between non-family members clearly,that is, maltreatment refers to the constant, persistent and anytime upgraded paschaland physical harm and torture in any form (including paschal, physical or sexualtorture) excised by people who are in dominant positions towards a or somenon-family member so as to control the objects.Part Ⅱ: In this part, the author will analyze the practical obstacles of applyingclass of abuse charges and other charges to abusive behavior between non-familymembers. when abusive behavior between non-family members violate the law,people may be charged with maltreatment, insult, creating disturbance and hurtingpeople intentionally and so on. In this section, the author will analyze the obstacles the application of charges mentioned above to this kind of crime on the basis of theconstitution of crime of specific cases. Through detailed analysis, the author pointsout that the core obstacle lies in the objections(only limited to family members) thelaw sets up for the crime of maltreatment. However, throughout the incidents occurredin the reality, such as the exposed kindergarten teacher and nurse, those kinds ofabusers is not a family member for the abused.Part Ⅲ: Discuss the necessity and feasibility of employing criminal law toregulate this kind of crime. Maltreatment occurred between non-family members doharm to the abused, violate the rights of the person, and more infringe upon legalinterest critically. In addition, it is people’s will to punish this kind of crime as moreand more people suffer maltreatment from non-family members, which provides agood foundation. Whether from the theory of criminal law or under currentcircumstances, the conditions of applying criminal law to maltreatment betweennon-family members come to mature.Part Ⅳ: On the basis of learning legislations concerned with maltreatmenthome and abroad, the author will propose two different regulatory paths “to establisha new charge” or “to amend the current crime of maltreatment”. Then, the authoranalyze these two paths and point out the infeasibility of setting up a new charge andfurther propose modifying the current crime of maltreatment to achieve the goal ofgoverning the abusive behavior between non-family members, the specific statutestated as follows:“a person who maltreats another person shall constitute the crime ofmaltreatment if the circumstance is flagrant.”To finish this paper, some viewpoints of the author are not deep enough coupledwith the limited ability of the author. I hope to get your criticism.