Judicial Determination And Legislative Perfection On Research Of Crime Of Abusing Person Under Guardianship And Caregiver

Although the national legislature has established special protection laws for vulnerable groups such as minors and disabled people who do not have the ability to live or protect themselves independently,these legal penalties for the protection of vulnerable groups are insufficient,can not effectively curb the occurrence of abuse.It is also impossible to warn the perpetrators of the abuse.Only the acting of abusing vulnerable groups promoted as a criminal act can effectively prevent abusing and severely punish abusing.It is necessary to use criminal law to protect the legitimate rights and interests of this group.After the crime of ill-treatment and guardianship was established at the amendment of the Criminal Law of the People's Republic of China(IX)(hereinafter referred to as the "Criminal Law Amendment(IX)"),changing the current situation in which criminal law has neglected the people who do not have the ability to live independently or protect themselves in society that suffer from abusing for many years.The state attached great importance to the protection of the legitimate rights and interests of such groups.The criminal law has only previously regulated the abusing committed by the family and the abusing committed during the period of state supervision,and nowadays,it focuses on the regulation of ill-treatment under the supervision and caring of non-family or not state-based supervision,this crime further expanded the social relations of the current criminal law.The text of this article is divided into four parts:The first part: According to the provisions of the Criminal Law,the purpose,characteristics and constitutional elements of this crime are carefully analyzed and the crimes of abusing in our country's history are sorted out.The second part: Starting from the perspective of the subject,object,objective elements and subjective elements of this crime,it provides a theoretical reference for the judicial determination of this crime.From the determination of the joint offender of this crime and the relationship between this crime and other crimes,the distinction between the accomplice of this crime and the boundary between crime and crime is made.The third part: Refer to the legislation on crimes of ill-treatment in countries and regions outside the domain,and summarize the lessons that our country can learn from.The fourth part: Analyze and study the current problems of this crime and put forward suggestions for improvement in legislation.