Research Of Several Controversial Problems In The Crime Of Abuse

In recent years, because of the development of the media industry and thegrowing legal concept of people, the violence which happens in families begins to getmore and more attention. But as the only accusation that stipulate criminal issueshappen among the family members, crime of abuse is hard to work effectively inpractice and there also exits lots of disputable problems. This paper points at severaldisputable problems of the crime of abuse to study and analyze. It analyzes somecontroversial issues that exit all the time, for example, the abusive behaviors, thesubjects and objects, the severe cases of the crime of abuse. I hope it can have a goodeffect on the identification of the abuse crime in practice and thereby the weak onecan be truly protected.The abusive behavior is a core part of the crime of abuse. I reclassify it into fournew types: physical harmed abusive behavior, frozen and starved abusive behavior,mental damaged abusive behavior and sexual assaulted abusive behavior. In addition,I also make cross-comparison between the first two traditional abusive behaviors andother behaviors that is confusable or is not so easy to distinguish and define. Forinstance, analyze the differences between the physical harmed abusive behavior andthe domestic violence, the frozen and starved abusive behavior and the abandonmentbehavior of the abandonment crime. In the meantime, I introduce the latter twoabusive behaviors that are more and more common in recent years, and I explain thatif they can be regulated by the crime of abuse. I think it is helpful to identify theabuse behaviors better and more precisely.The problem that how to identify the subjects and objects of the crime of abuse isalso a hotspot which is discussed by numerous scholars in recent years. Beginningwith the concept of “Family”, this paper introduces the concept of family members intraditional ideas and the unconventional family members who emerge in the currentsocial environment. Furthermore, I analyze the connotation of “bed and board” whichis an important qualifier of the “family members”. Accordingly, I can propose my own opinions about the disputed problems existing in the subjects and objects of theabuse crime.Because the abuse crime is a kind of circumstance crimes, so how to identify “thesevere case” in the abuse crime is particularly important. It can be considered as acrime only when the circumstances are so serious. But there is no detailed stipulationand explanation about “the severe case” in the law and the relatedjudicial interpretation, so in this part, I analyze the dispute problems from two aspectsof subjective and objective combined with the related basic theories of Penal Law. Itmainly includes the following aspects: the motivation and the purpose which give riseto the abusive behaviors, the methods of the abusive behaviors, the duration and thefrequency, the objects that the abusive behaviors aim at. I hope it can help to identify“the severe case” of the abuse crime more precisely in practice.