Theory Of Abuse Crime

With the development of the society,the growth rate of the population of China is declining year by year,and the family structure is changing from the traditional family model to the small one with three members,consequently,the resulting elderly daycare becomes a social hot spot.The previous concept for supporting the elderly has not been transformed,and the supporting system is not yet complete.“Immoral rest home” has appeared,and cases,such as children being abused by kindergarten teachers and babies being maltreated by their nurses,have occurred.To cope with the emerging social problems,the Crime of Abusing Person under Guardianship and Caregivers has been added in the Amendment(IX)to the Criminal Law of the People's Republic of China,expanding the scope of the subjects of the Crime of Abuse,in an effort to protect the legitimate rights and interests of more victims.In addition,the abuse crime has been developed into a kind of crime with the following contents: Crime of Abuse,Crime of Abusing Person under Guardianship and Caregivers,Crime of Abusing a Person in Custody,Crime of Maltreating Subordinates and Crime of Maltreating Prisoners of War.This paper aims at discussing different crimes by focusing on the abuse crime,so as to summarize the characteristics of this type of crime.It is divided into the following six parts:Chapter 1 Introduction.The purpose of this chapter is to lead to the research purpose and significance,research status and innovation of this paper.Chapter 2 Overview of Abuse Crime.The Chapter is organized to explain the concept of abuse crime and all the accusations included in the crime.It also discusses the legislation evolution of the ancient abuse crime,improvement process of the abuse crime in new China,as well as the reference to the legislation of the foreign abuse crime.Chapter 3 Study on The Object of Abuse Crime.The Chapter is developed to expound the concept of the objects of abuse crime,the relationship between the objects and legal interests,as well as the characteristics of the objects of different crimes of this type.Chapter 4 Study on The Objective Behavior of Abuse Crime.It studies the similarities among different objective aspects of abuse crime,and the characteristics of the objective aspects of different crimes.Chapter 5 Study on The Subject of Abuse Crime.This part elaborates the subject scope of the abuse crime.Chapter 6 Study on The Subjective Aspect of Abuse Crime.Abuse crime is a kind of intentional crime,so this part focuses on the subjective intention,and on differentiating the abuse crime and its alike crimes,in consideration of its objective aspects.