| In recent years,child abuse cases of kindergarten teachers or nannies frequently exposed,in the major media,the Internet has been widely concerned.The very famous "Shanghai ctrip parent-child park case" was listed as the top ten criminal cases in 2018,which had a huge impact on criminal crimes.The Chinese nation has been advocating respecting the old and caring for the young,and giving more protection and care to vulnerable groups for thousands of years,which is the consensus formed by the whole Chinese nation for thousands of years.Although such cases have been frequently exposed online in the past two years,causing various online discussions,the crime of maltreatment of guardianship and caregiver was added to the criminal law amendment(ix)as early as November 2015.This legislation is of special significance for strengthening the protection of human rights,especially for some vulnerable groups,such as children and the elderly,so that there are corresponding legal regulations among some actors who have the obligation of guardianship and care but do not belong to family relations at present.This is despite the fact that the law appears to have sanctions against those who harm vulnerable groups.However,since the crime has been sentenced for two years,there is still a certain gap in legislation and no relevant judicial interpretation has been issued.Therefore,there are still many vague concepts in the judicial determination of this crime,which is easily confused with other related charges,making its judicial practice unsatisfactory.This paper selected the three cases as the research Angle of view,hope to be able to through the study of judicial cognizance aspect of this crime is trying to find the breakthrough for the development of the current judicial practice difficult,this article is divided into three parts,the first part first introduces the case and disputes,selected the famous "Shanghai ctrip qinzi field case","jiangsu peixian county father abused children" different sentenced to connection with the case and "temporary care of older" case,through the analysis of the above three typical cases,Extract and determination of the subject range and the plot of this crime,unit leaders encourage shield behavior on cognizance,this crime and the crime of abuse similarities and differences comparison as well as the similarities and differences between this crime and intentional injury comparison of judicial cognizance question four disputes,such as then in the second part is the case involved the related problems of comprehensive,integrated analysis of the jurisprudence,the dispute focus can be divided into two categories,mainly from the establishment of this crime,and the differences between this crime and related charges compare two aspects were analyzed.Finally,according to the problems raised,the conclusion and enlightenment of case analysis are drawn.The author thinks that the duty of the duty of nursing and guardianship should be recognized according to the actual behavior,rather than the superficial job.Dereliction of duty on the part of the person in charge of the unit should be considered as an accomplice but should also be considered as one of the standards of the unit;The key to the right and wrong of this crime lies in the standard of "bad circumstances".There are a lot of confusion in the judicial determination of this crime,so it is necessary to make clear the application of this crime and the crime of maltreatment,intentional injury and its consequences of serious injury and death.Above all,hope that through this article selects three case study analysis,to pursue studies in this crime in the judicial cognizance,to this crime judicial cognizance of fuzzy concepts and problems found corresponding basis,only the real problems in the practical research this crime justice will reach the designated position,to get its meaning to the maximum value of criminal law,can we truly protect women,children,patients and other vulnerable groups. |
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