On The Legislation Of The Crime Of Maltreatment

The crime of maltreatment is one of the few accusations in criminal law,and it is also the only one that applies to family members.In recent years,with the increase of media reports and cases of malignant abuse,the crime of abuse has attracted more and more attention,and the academic discussion on the crime of abuse is also increasing.Due to the large exposure of abuse cases,many legislative defects of the crime of abuse have also been exposed.Because the subject of application is too small,many abusers can’t be punished by the criminal law.The private prosecution system of "tell to deal with" indulges the occurrence of a lot of abusive behaviors.The low penalty of the criminal makes the criminal can’t be punished properly,and the authority of the criminal law is questioned.In order to make up for the shortcomings of maltreatment legislation,China has revised the crime of maltreatment,expanded the applicable subject of the crime of maltreatment,increased the exception of private prosecution,and improved the crime of maltreatment to a certain extent.However,there are still many problems in the revised crime of maltreatment that need further modification and improvement.This article mainly discusses the existing problems in the legislation of the crime of maltreatment.The first part is to sort out the legislative evolution of the crime of abuse.This paper mainly discusses the development and perfection of the legislation of the crime of maltreatment,as well as the current situation of the legislation of the crime of maltreatment at home and abroad.The second part is to analyze the focus of the crime of abuse.This part mainly discusses the cognizance of the "bad circumstances" of the crime of abuse,the cognizance of the aggravating results of the "causing serious injury and death" of the crime of abuse,the cognizance of the number of the crimes of abuse,and the boundary between the crime of abuse and the crimes of intentional injury,abandonment and insult.The third part is to explore the defects in the current legislation of the crime of abuse in China.This paper analyzes the unreasonable aspects of the abuse crime,such as the scope of the applicable subject is too small,the system of private prosecution and the penalty setting.The fourth part is to put forward corresponding suggestions to improve the legislative defects of the crime of abuse.It includes expanding the scope of the subject of abuse,changing the self accusation of abuse to public prosecution,supplemented by self accusation,and improving the penalty of abuse.