On China's Criminal Law Offence Of Abuse In Custody, Caregivers

Abuse custody, caregivers, nine new amendment of criminal law is the crimes is in line with The Times progress, the will of the people and the social reality of the new criminal law. Abuse of custody, care in the field of criminal law to fill the gaps in torture, made in terms of abuse of the criminal law provisions to be more perfect. Past sin paper abuse is more, the crime of abuse of a more complete explanation and discussion, due to the abuse of custody, care, sin is nine criminal law amendment charges in theory has not been widely studied and discussed. Based on the theory of punishment law and the specific examples from multiple perspectives of guardianship, caregivers cruelty is relatively comprehensive analysis and research, in order to study and the actual work of this crime play a certain reference value.Besides preface and conclusion, this paper will be divided into the following four parts of this crime is studied.The first part: the overview of guardianship, caregivers cruelty. First, this part from the legislative background of guardianship, caregivers cruelty, introduced from several aspects to interpret the law of the specific reasons and background. This guilty "fuse" is ZheJiang possessing child abuse, but the deeper reason is that the development of the society changes brought about by the various reason, the original law cannot meet the needs of social development. Secondly, this part illustrates the value from the provisions of this crime, the provisions of the charges can be more conducive to achieve the harmony of the society, also is in the process of development of China's socialist cause of human rights. Finally, this part summarized the historical evolution of this crime and the summary, so that to have a comprehensive understanding of this crime.The second part: the abuse of custody, sin, the concept and constitutive requirements of the role of guardians. First, this part starts with the concept, the abuse of custody, conceptual definition for caregivers to sin. Secondly, this part of the study from four constitutive requirements one by one: crime subject characteristics, the source of obligation; Motivations and characteristics of subjective aspect; The plot of the objective aspect, inaction, etc; The object characteristics, etc.The third part: the cognizance of the guardianship, caregivers cruelty. First, this part from sin and the sin, to the crime of abuse custody, caregivers and abuse in detail; Secondly, this part from this crime and other related crimes has also conducted by comparison and analysis; Finally, this part from the accomplice problem, crime number form, unfinished form and other aspects, has carried on the theoretical argumentation and research to it, in order to deep thorough comprehensive explanation for it.The fourth part: the abuse of custody, caregivers of criminal responsibility. First, this part of the study of the concept of criminal responsibility; Secondly, this part of abuse by monitoring, analyzes the aggravating circumstances of caregivers problem, increase the plot to the variety of the situation analyzed one by one.