On The Crime Of Abuse Custody And Care

Abuse is not an accident in today's society, with the development of social economy, social relations are becoming more complex, and abuse phenomenon has become more complicated and changeable. Many abuses that occurred other than family members are usually blocked outside the threshold of abuse crime resulting from the single and restricted regulations on abuse crime subject in Criminal Law. Especially there exposed several child and elder abuse cases on the network in recent years, resulting in extremely bad influence and public attention as well, but eventually because they do not meet the constituent elements of crime, they are just punished by such a light punishment as administrative detention. But such a treatment is clearly not a deterrent to the effect of crime. In view of this situation, to increase the crime of abuse custody and care in "Criminal Law Amendment (ix)",aimed at protecting the rights and interests of the weak in abuse cases in social relations with non-family members. However, the relevant judicial interpretation of abuse custody and care crime has not been introduced yet. Without many clear details, it is difficult for specific judicial identification of abuse custody and care crime. This article is aimed to discuss and analyze abuse custody and care crime from the perspective of the law application.First of all, this article on the abuse of custody, care for people to carry out an overview of the crime. Starting with the evolution of the crime of abuse in our country, we analyze the characteristics of the crime of the crime of abuse, and clarify the meaning of guardianship and nursing.Secondly, the abuse of custody, the crime of the crime of caring for the subject and the object of the crime analysis.It is noted that the subject and object of this crime should be non-family relationships, and the crime object is not limited to the four types of people listed in the law. In addition, it clearly stated the scope of natural person subject and unit subject of this crime.Again, the abuse was monitored, the behavior patterns and behavior characteristics of caregivers were analyzed. It clearly defined it includes actions and omissions in pupils and caregivers, noting that mere abuse can constitute the crime, and analyzed the difference between abuse of omissions and abandonment crime. At the same time, it pointed out that the "regular and continuous" is not the necessary condition to constitute the crime. Then, to interpret the provisions of the "vile".It pointed out the important significance of "vile" abuse provisions to the conviction and sentencing of abuse crime. The "vile" is specifically identified from such four levels as behavior means, motive and purpose, duration, and the results of pupils and caregivers.Finally, the analysis of the abuse of the custody, the crime of mental damage in the identification of the crime.And pointed out that mental damage with physical abuse can produce as abuse care, nursing crime sentencing consideration, but the custody, care people simple mental abuse should not be abused by rules into custody, caregivers of crime, but rather by women's federations, neighborhood committees, village committees, psychological counseling center, Community Legal Aid Center institutions such as the abuse of the behavior of both psychological counseling or mediation to resolve.