The Study Of The Crime Of Ill-treatment To Guardians

The crime of ill-treatment to guardians has a complex crime object, and the main objects of this crime are personal right and personal dignity. The social public order, at the same time, plays a secondary role in it. The specific action of this crime is “ill-treatment”, but this “ill-treatment” is much different from the “ill-treatment” from the crime of ill-treatment. The crime subjects of this crime include natural person and unit. Compared to the crime of ill-treatment, the crime subject scope of this crime is wider. Moreover, as a crime subject, natural person and unit must have a special identity a duty to attend on the older, the elder, the patients, the disabled and etc. The culpability form of this crime is intention, including direct intention and indirect intention.If you want to commit this circumstance crime, you must meet two conditions. The first of it is accomplished offense, and the second is that the circumstances are wicked. It has preparatory crime, unaccomplished crime and discontinued crime. First of all, the preparatory crime of it is the action to prepare tools and create conditions. Moreover, the unaccomplished crime of it is that the crime start committing but not succeeds because of some causes beyond criminal’s volition. At last, the discontinued crime of it is that the criminals quit continuing to committing the crime and prevent the crime outcome happen. Referring to accomplice of this crime, the basic part is how to define perpetrator, which is a precondition to define the instigator and the abettor. Perpetrator is a person who commits crime directly, and the instigator is the one who give the support to perpetrator. According to this, we can define the abettor is the one who is teaching perpetrator to commit this crime.This crime has many similarities and differences to some other charges. Compared to the crime of ill-treatment, the subject of this crime is different. Compared to the other kinds of ill-treatment crime, this crime has its own behavioral object. Compared to the crime of intentional injury, this crime also belongs to the kind of crime which is violating the personal rights and democratic rights. However, the former belongs to circumstance crime and the latter belongs to consequential offense. At the same time, they are different in subjective intent. Therefore, when the subjective intent of this crime convert to something else or the outcome is terrible, this crime will be punished by the heavy offense.The punishments of this crime have three parts, which are basic punishment, severe punishment and lesser punishment. According to the first part of the 260 th article in the Chinese criminal law, the basic punishment of this crime is fixed-term imprisonment under three years or penal servitude. Beside this, if perpetrator do not succeeds this crime or just give support to perpetrator, it may be punished lightly. And if the perpetrator confess his or her crime or make contributions, it should be punished lightly. Some person who lost criminal behavior abilities, we could punish them lightly. And if some person belongs to recidivist or teach some person whose age is less than 18 years old, we should punish them severely.