On The Crime Of Abusing The Person Under Guardianship And Nurse

Along with the social changes in the diversity of ways of life,guardianship was formed between guardianship,custody and caregiver custody.The growing phenomenon of the relationship between care with caregiver,the increase of the relationship between care,the guardianship of ill-treatment of detainees,the caregiver is also on the rise.As a result of being guarded,most of the caregivers belong to the disadvantaged groups such as minors,the elderly,sick people and people with disabilities,who are guarded in life.Caregivers rely on guardianship,caregivers,psychologically supervised,dependents,so the implementation of abuse,the custody,caregiver's physical and mental will have a certain impact.But the legal provisions of the lag and the forefront of real life led to the abuse of custody,caregiver's behavior can not be effectively regulated.Relying solely on administrative or civil means can not effectively adjust the abuse of custody,caregiver phenomenon."Criminal Law Amendment(9)" on the ill-treatment of guardianship provisions for the protection of crime caregivers ward,the legal rights of caregivers,regulatory abuse ward.Caregivers phenomenon provides a strong guarantee.In this paper,by analyzing the elements of the abuse of custody,caregiver and the identification of the standard,the distinction between this crime and his crime,trying to apply for the practice of abuse of custody,caregivers to provide some convenience.This article explains the contents of the abuse of custody and caregiver by means of explanatory and explanatory explanations,comparative explanations and other criminal law research methods,and tries to clarify its connotation and extension in order to distinguish between the crime and the related crimes.In this paper,the law and social phenomena lag frontier for clues,preliminary demonstration of the ill-treatment care,caregivers legitimacy crime provisions,discusses the ill-treatment care,and harmful to society."Criminal Law Amendment(9)" regulations promulgated before the act of law non circumspect,part clarifies the ill-treatment care,caregivers and social justice crime background.After the completion of the crime discussed the legitimacy of analysis and comparison to clarify the constituent elements of this crime,this crime clearly applicable standards,so as to identify and distinguish between this crime and the crime he laid the foundation.In the following chapters,this article focuses on the distinction and application between the crime and the crime of cruelty,intentional injury,abandonment,and the crime of illegal medical practice,so as to achieve a clear and effective guide to clarify the relationship between the crime and the related offense Judicial Practice.At the end of this article,the author of the ill-treatment care,caregivers prescribed a reflection of the crime and trying to improve its laws,so that it can achieve a more comprehensive coverage of abuse ward,the legitimate interests of caregivers to curb abuse by care,caregivers breeding behavior.In this article I propose to deal with the evaluation of the existing legal provisions "benefit" of the word to make the expansion,from a single finger," financial interest money" to expand "to meet their own desires for the perpetrator of a variety of substances,spiritual needs of the product." Through the expansion of the "interest" to explain the interpretation of the unit to constitute a unit of abuse is guarded,caregiver the legitimacy of the crime.At the end of this article also as "link" herein subject of crime and crime objects-guardianship,care responsibilities were defined,from a clear extension of custody,care responsibilities,trying to limit the Crime expanded,to avoid monitoring,the legitimate rights and interests of caregivers unlawful attacks.