Study On Crime Of Abuse

In recent years, a series of cases on crimes of abuse have been exposed on multimedia such as newspapers, TV, and Internet and so on, which attract public attention in society. Especially the frequently appearance of child abuse by kindergarten teachers, elder abuse by nursing home staff has shocked people and given rise to hot public discussion. From November 1st, 2015, the ninth Amendment to Criminal Law has taken effect officially. Although China ‘s enactment of criminal law has made further improvements on the crime of abuse, due to the limit of our existing enactment of the crime of abuse, there are still many problems on juridical practices of the mechanism of abuse. This thesis just starts from the current situation of legislation and administration of justice of our existing crime of abuse, find out the problems during application of the crime, look for approaches that conform to our actual situation, and then make the abuse behavior more fair and rational in the criminal regulation.The crime of abuse illustrated by this thesis was theoretical, which included crime of abuse among family members in traditional sense and that of guardians and caregivers that the ninth Amendment to Criminal Law recently added. As they possess identity in essence, it is not appropriate to divide them when discussing.The author mainly discussed in four parts.In the opening part, development process, constitutive requirements criminal law of punishment of China’s crime of abuse were mainly discussed in order to provide necessary knowledge and understanding for the following parts before further discussions.Next, three main and difficult problems happened to traditional crime of abuse among family members were specifically illustrated and analyzed, which included the specific cognizance of “vile circumstances” waiting for punishment, abuse to cause serious injuries, the official ruling of death and the boundary issues of crime and non-crime of abuse.Furthermore, starting from practice, the author made concrete analysis on the main deficiencies of the existing crime of abuse by finding out the root of legislation of problems appeared in real life, such as: the scope of subject is too narrow, irrational set of “handle only upon complaints” and the unscientificity of penalty configuration.Last but not least, the author suggested improving the legislation of the crime of abuse. Through analyzing the contents of two aspects of necessity and possibility of the main scope of the application of expanded crime of abuse, the author suggested removing the identity limits of the crime of abuse; canceling the “handle only upon complaints” regulations of the crime; and improving statutory sentence of this crime.