Thinking About The Criminal Legal Dogmatics Of The Abuse Of Guardianship And Caregivers

China is the most populous country in the world,and the country with the most elderly population,and is in a period of rapid growth in aging.Under the background of the aging society in which the abuse of the old is imprisoned,this paper mainly discusses the criminal law of the abuse of custody and the abuse of the guardian.According to the current relevant legislation and academic research results,and drawing on the experience of big data analysis in social statistical surveys,a large number of literatures such as monographs and periodicals are read,and the relevant criminal law application issues of this crime are deeply considered.Emphasis is placed on the characteristics of the elements of the crimes of ill-treatment and the abuse of the guardian,and the behavioral competition under the crimes of other relevant criminal laws.Based on China's current basic national conditions and social status quo,in view of the practical obstacles encountered in judicial practice,some practical problems have been excavated at the level of law application,and the promulgation of judicial interpretations related to this crime has been introduced.Abuse of custody and caregivers are frequent,and the number of cases of elder abuse among non-family members is increasing,especially in nursing homes and nursing homes.This article has theoretical research value and practical guiding significance for the criminal legal dogmatics of the old-age behavior.In the three years since the abuse of guardianship and caregiver behavior,the legal effect of criminal law is very irrational.This article attempts to find out the reasons for the application of criminal law.According to the “2014-2017 China Civil Affairs Statistical Yearbook”,“2014 China Senior Social Tracking Survey”,“The Third China Women's Social Status Survey”,using big data analysis methods,interdisciplinary analysis methods and comparative analysis methods to monitor ill-treatment,The relevant “big-age service agencies” and “old-age behaviors” involved in the abuse of the caretaker are related to big data analysis.A big data perspective that leads to the reasons for ill-treatment and care for the elderly.Thinking about the characteristics and sentencing of ill-treatment in the crime of ill-treatment and guardianship.Study the issue of coercion between abused guardianship,carelessness,and related offenses.The determination of sin and non-crime,the identification of this crime and his sin.The co-opetition of abuse of guardianship,caregivers,and other crimes can only be comprehensively evaluated for all illegal content of the act.Explain in detail the coercion of this crime and the abuse of the abuse,the coercion of the abuse of this crime and the intentional injury,the coercion of this crime with the compulsory act,and the crime and the crime of rape.It analyzes the current status of criminal law applicable to the crime of ill-treatment and guardianship and the application of criminal law.According to common sense,the application rate of the crime at the beginning of the sentence should show a spurt of growth.The strange thing is that three years have passed.From the published referee cases and data,the actual application of the crime does not achieve the expected results.Regardless of time span,regional distribution,number of arrests,and number of public prosecution cases,the application rate of this crime is also very low.The reason is that the standard of guilty of ill-treatment and guardianship is vague.What is the "bad plot" of this crime? At present,there is no relevant judicial interpretation and normative legal documents to clearly define it.The promulgation of judicial interpretation is not a one-off event and requires a large accumulation of legal application experience.Considering the extremely low application rate of this crime in legal practice,the highest judicial organ will not rashly make judicial interpretation when the conditions are not met.It is foreseeable that a judicial interpretation that is perfect and can be proven in practice will not be promulgated in the short term.At present,there is no other way to determine the "bad plot" of this crime,and it can only be improved through the introduction of criminal justice interpretation.