Study On The Problem Of Abuse Of Custody And Caretakers

In 2015,our country "criminal law amendment(9)"(hereinafter referred to as "punishment take nine"),a new "the crime of abuse custody,care for people",in the law to protect social vulnerable groups to expand the scope of subject of criminal offense of abuse,for some people who do not belong to the family relationship between the "bad" scenes of cruelty for effective regulation.It is of vital importance in judicial practice to study the determination of the crime of abuse and custody.In this crime,the subject of the crime is the guardian and the caretaker,and when they fail to perform the custody and care duties,they are abused by the guardianship and the caretaker,and the criminal responsibility shall be borne when the crime is bad.The custody and care of responsibility is according to the law,legal behavior,position,or business requirements,the guardian,according to the relevant provisions in the general civil law to determine,but also in the fact that the people in the family relations,caregivers are people with supervision responsibilities,and are in addition to the guardian.A unit may also constitute a crime,but it must be a unit withlegal personality.This crime requires "vicious" to constitute a crime,so "bad" plot is the conviction of the plot,this crime from the objective and motivation,make the possibility and means,duration and frequency,serious consequences of cognizance,but because of its weak body,the recognition criteria should be moderately reduced.Is common in today’s society in the pure spirit damage model the phenomenon of abuse,shall be deemed as pure spirit damage type abuse constitute abuse type of crime,for the standard of mental damage shall be paid by the appraisal standard of the human body flesh wound and be sure the appraisal standard of human body injuries,in this crime on the cognizance of the mental damage shall be made in the spirit of the appraisal standard of the human body badly wounded are identified.In addition,children who are mentally abused should be given a heavier punishment to better protect the legitimate rights and interests of children.