Research On The Crime Of Abuse By The Guardian And The Nurse

In August 29, 2015, the twelve session of the Sixteenth National People's Congress meeting in the Great Hall of the people in Beijing concluded, the meeting voted to amend the criminal law(nine). Amendment to the criminal law(nine) of Article 19, in the criminal law, Article 260 of the increased after a, as one of the two hundred and sixty, the crime of abuse of the subject of crime expanded to minors, the elderly, disabled, sick people to guardianship and duty of care, the 2.6 ten one is abused care, nursing human sin. This provision to solve the problem that some time ago, there has been a non family members abuse is difficult to regulation, to make up for the criminal law before the existence of loopholes in the law, which is the improvement of the legal system of our country has a milestone significance. In this paper, the criminal law amendment case(nine) is introduced as a meeting point, combined with the practical life of abuse, the abuse of criminal law the new care, caregiver crime carries on the analysis, the research, this paper mainly includes the following three parts:The first chapter is the analysis of the causes of the crime of the abuse of the custody and the care of the nine. This chapter detailed lists in recent years living in a series of thought-provoking non family members cases of abuse, and discussed for the cases of abuse, regulation of judicial practice status, according to these regulations, elaborates the theory circle and practice circle the main view and to these views analyzed one by one, and finally leads to in this paper, we discuss the charges that abused care, nursing human sin and elaborate Criminal Law added the rationality and necessity of this crime, and this approach is comply with the public opinion, in response to the voice of the people.The second chapter is the analysis of the constitutive elements of the crime of abuse of custody and the nurse. This chapter from the abuse of guardianship, caregivers of crime law provisions of the start, based on discussing the theory circles of the crime, this abuse guardianship and caregivers crime, respectively from four aspects: the main elements, mainly to explain the abuse of guardianship, caregivers is the subject of the crime for minors, the elderly, disabled, sick people have custody, care responsibilities, family members based on the expansion of the main unit can constitute the subject of the crime; subjective elements, mainly to explain the abuse of guardianship, protection of the crime in the subjective aspect should be direct intent analysis does not constitute the crime of indirect intentional subjective psychology, at the same time will be associated with the psychology of crime motive of crime and the criminal purpose is expounded; the objective elements, from the "abuse" and "vile" two Angle of abused cognizance of the guardianship, guardian of the crime analysis, elaborated the abuse means diversity and plot bad identified, "abuse" is sustained, continuous, one-time abuse is difficult to identify the behavior element of this crime, "abuse" must be as, and not only is spirit, for the determination of the "vile" is comprehensive, integrated assessment; object, mainly on the protection of this crime is a single object, namely citizen's rights of the person, the protective object of the crime are analyzed one by one definition.The third chapter finds that this crime should pay attention to the problem. Described is care, care of crime and abuse of the crime of abuse, from actors, measurement of penalty, object behavior, tell the way these four aspects of crime analysis, expounds the abused care, care of crime and the crime of intentional injury, focuses on the abuse caused by heavy injury cognizance.