Research On Abuses In Criminal Law

Abuse emerge in endlessly and subtly, drawing the attention of the society from all walks of life. As the essential component of specification, abuse should be combined with value judgment in order to define the extent of the abuse. In addition, the behaviors of abuse involve many law articles and judicial interpretations, which are prone to cause confusion in judicial application. Therefore, it is necessary to study the abuse of criminal law by the method of typology. The full text of a total of 44,000 words or so, including the introduction and conclusion, is divided into the following four parts:The first part mainly introduces the evolution and present situation of the criminal legislation of abuse. The level of openness of the type is deficient with the lack of systematic legislation in the regulation of abuse in China. Charges are independent of each other, yet unable to form an effective convergence. Law is seriously lagging behind to meet the current needs. The abuse cases occurs universally and frequently in judicial practice. Strict filing asymmetrically follows the light treatment, which reflects the unequal crime and punishments.The second part refers to the meaning of criminal law and its behavior types, mainly specifying the connotation of abuse. This part makes a distinction among the abuse,domestic violence and harm, further analyzing the concepts. Controlling and being controlled based on the unequal relationship is the essential attribute of abuse behavior. The abuse of criminal law is divided into four types according to different standards: the abuse in public prosecution or private prosecution; the abuse in vital documents or trifle things; the abuse occuring occasionally or frequently; the abuse in violating civil rights by citizens or the military duties by the soldiers.In the third part, we further probe into the normative construction of abusive behavior.Abuse always occurs with the common features of randomness, elusiveness, scalability and diversity. Besides above-mentioned generality, there is also a corresponding personality in each crime. Long-term basis and recurrence are regarded as the characteristics of the abuse behavior in the abuse crimes. Moreover, it can invert and integenerate as time goes by. Forms of abuse are devided into positive act and negative act. Unalloyed inaction can constitute other forms of abuse crimes. Physical, psychological and sexual abuse is the main way of abuse. The object and subject of abuse have the identity of stability and dependence, further involving the definition of the relating subject and object of the crime in abuse. In the subjective composition of abusive behavior, there are varieties of motivations, mainly causing physical and mental suffering on others for the purposes of satisfying their own controlling and suppressing appetency. Both direct and indirect intent can constitute a form of abuse.The fourth part can lead us to the criminal regulation of abuse. We affirm the specialized abuse on the basis of how discretionary the circumstances are, which is identified from the act itself, behavioral motivation and purpose, behavioral object and the consequence. Causing a person death or serious injury plays different role in different abuse charges. In the non-special charges,there are some similarities among the acts of abuse,abandonment,compulsive indecency and insult. When adjudicating at the criminal punishment of abuse, we should carefully hold the applicable standards of probation. On the one hand, for the sake of restoring a family tie, probation can be applied in the abusive behavior among family members when the defendant makes a minor mistake and sincerely has repentance and positive repentance. On the other hand, legislation should improve the legally prescribed punishment of the crime of abusing a member of one's family to balance the charges of each other.