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Abuse Research

Posted on:2019-06-22Degree:MasterType:Thesis
Country:ChinaCandidate:L HuangFull Text:PDF
GTID:2416330545465904Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The implementation of the 2015 amendment to the criminal law(ix)has further improved the crime of ill-treatment from the legislative level.However,due to the developing and changing social and legislative limitations,the existing problems of the crime of ill-treatment in legislation and judicial application are becoming more and more prominent."Criminal law amendment(9)is presented in this paper,on the basis of starting from our abuse crime legislation and judicial status quo,identify abuses in the judicial application and existing problems on legislation,and tries to explore the path to solve the problem.In this paper,the author studies on abuses including the traditional abuses and abuse custody of one of the "criminal law" the 260 th,caretakers,because of the inherent identity,so I will study it together.This article first introduces the reality background of the crime of abuse,and makes a necessary understanding of the current situation of maltreatment.Secondly,an in-depth analysis of the constitutive elements and penalty setting of the crime of torture lay the foundation for the further exploration of the crime of abuse.Thirdly,the author makes a systematic introduction to the domestic and foreign legislation of the crime of torture,and makes a comparative study on the domestic and foreign legislative provisions of the crime of abuse.In addition,this article also to abuse study in some problems in the judicial practice,mainly to abuse "vicious" sin,"tell to handle" except for the provisions of the application and the limits of abuse and other crimes,personal opinions and Suggestions are put forward.Finally,in this paper,the crime of abuse of legislative defects were analyzed,and the scope of legislative defects mainly exist in the main body of the crime of abuse of these aspects,the penalty set and prosecution mode,and according to the specific situation in our country and draw lessons from foreign legislation experiences,puts forward the expanding abuse crime subject,crime of abuse of penalty for rational allocation,and optimize the mode of abuse crime prosecution related Suggestions,for the perfection of the crime of abuse do render a.
Keywords/Search Tags:Abuse of sin, The plot is atrocious, no trial to without complaint, The legislation perfect
PDF Full Text Request
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