The Identification Of Abuse In The Crime Of Abuse

Abuse among family members is a social problem that exists in varying degrees all over the world,and it is also one of the behaviors that hinders harmonious family social relations.In the international community,many countries have used legal means to prevent and punish abuse among family members.Different countries have different regulations on the criminal law of abuse in the crime of abuse.To sum up,abuse refers to: in the common life of family members,one side by means of violence or non-violence,persistent,often to the other party for physical and spiritual harm and suffering,a plot of the bad behavior.This kind of abuse has diversity,persistent and recurrent nature,upgrade,randomness,concealment and the severity of the consequences of the characteristics,the essence of attribute is characteristic of the distinction between the behavior and other behavior.In the crime of abuse,the object of abuse should be the family members who live together.It is impossible for non-family members to constitute the crime.But,as the change of social structure,many abuse began to spread to more people,in 2015 by the criminal law amendment(9),increase the one of article two hundred and sixty of the abuse of custody,caregivers,the minors,the elderly and sick people,people with disabilities are guardians,caregivers as the object of abuse,but there are still a lot of abuses of the new-style family relationship object without protection.The further development of social and economic reform,our country in marriage as the link of the traditional family mode by the larger impact,living family members cannot simply refers to the legal sense of kinship.In practice,the concept of living together and family members do not overlap.Even family members do not always live together.The scope of family members is expanding.As the main body and object,the crime of abuse among family members should have the essential attribute,such as stability,sealing ability,dependency between family members should have in your life together,the long-term characteristic time space identity and relative stability of personnel,actor and the victim's living condition should be long and relatively continuous.Abusive behavior is a variety of,whether as or inaction,either physical or mental abuse,or the combination of these behavior patterns are likely to constitute abuse.Abuse to the standard of classification,the theoretical circle of criminal law has many different points of view,in order to better solve these theoretical controversy,abuse can be divided into three types is more reasonable,including physical abuse,emotional abuse and sexual abuse.These three types of abuse also show different behavioral characteristics,but in judicial practice,there are many disputes and problems in the identification of mental abuse and sexual abuse.In judicial practice,how to distinguish between abuse and other behavior of the approximation is also a research focus,abuse and intentional injury,intentional homicide behavior difference mainly reflects in intentional injury,intentional homicide behavior does not require the behavior of persistent and frequent,also does not require the specificity of the main body,in judicial practice,cruelty and intentional injury behavior,intentional homicide behavior can coexist.Abuse and abandonment behavior on not as a way of behavior between there are a lot of similarities,but both in the behavior of the long-term,sustainable,constant,there are significant differences between family members and the common life can become constitute abandonment behavior of the subject and object,but cannot constitute the subject of abuse and objects.Torture and abuse of custody,caregivers abuse seem to overlap in the main body,but actually has the very big difference,the other on behavior,behavior characteristics,behavioral consequences can also be strict to distinguish.Only by clarifying the boundary of approximate behavior can the criminal law be applied more accurately in judicial practice.