Investigation On Judicial Determination Of Torture

In recent years,the reports of abuse cases in newspapers,TV and Internet have become more and more common,which has aroused widespread concern among the public.For example,in the case of elder maltreatment in dongying city,shandong province in 2016,the child abuse incident in Beijing red and yellow blue kindergarten in 2017,Chen jun abused the elderly in 2008.These abuse cases can not help but make people cry.Children are the future of the country.The old people have made great contributions to the society,and they deserve more attention from all walks of life.However,due to the complexity of the abuse cases and the shortcomings of the existing criminal law in China,there are many problems in the judicial practice on how to accurately identify the abuse cases.In cognizance crime subject scope has vital role in solving a case,the family member is the scope of this crime subject law,and is a member of the family life together the necessary qualification.In this article,through analysis of two aspects of family members and living together,try to solve the problem of natural consanguinity of born out of wedlock,adoption of artificial blood,cohabitation of the spelling and the problem of the relationship between the employers and employees.Abuse is often carried out as a way of doing,and this article attempts to solve the problem of not being able to form a crime by discussing the abuse.In addition,in recent years,sexual abuse and mental abuse is also a trend of rising year by year,through the analysis of the mental abuse and sexual abuse related problems,in order to solve the mental abuse and sexual abuse can be identified as crime of abuse.Is the abuse of crime,so,for how bad "plot" is very important for evaluation of right abuse sin,but the current criminal law is not to detail maltreats a sin,in this paper,from the time and frequency of the harm behavior,behavior motive and purpose,the behavior object and person consequences four aspects are analyzed in detail.Deadly abuse as a crime of abuse of an aggravating circumstances,the offender's deadly abuse and murder has a point of contact between family members,in judicial practice,whether it should take abuse crime convictions or to murder conviction is not easy to solve the problem.Desertion is a person who has the duty of raising an obligation to abandon the person he or she should raise.It is very important for the judicial practice to define the two crimes accurately.