Study On The Problem Of Abuse Of Custody And Caretakers

Abuse is no longer an accidental event in today’s society.With the diversity of social life styles,people are increasingly forming guardianship and nursing relationship in their lives.The legal relationship between guardianship and nursing continues to evolve,and all kinds of abuse also present a complex development trend.Especially in recent years,the events of maltreatment of the elderly and children,which have aroused widespread concern in the society,have a very bad impact on the public.These events have resulted in an imbalance in punishment and conviction due to the relatively limited regulation of maltreatment in the criminal law.Obviously,dealing with these maltreatment ACTS has failed to have a legal effect of deterring crimes.Therefore,the criminal law amendment(ix)adds the crime of maltreatment of guardianship and caregiver to make up for the vacancy of the criminal law in regulating the maltreatment of guardianship and caregiver,so as to better protect the lawful rights and interests of the guardianship and caregiver.There is a relative lack of judicial interpretation on the crime of maltreatment of the ward and the caregiver,and there are also no clear criteria for the determination of this crime,which makes it difficult for the judicial personnel to apply the crime of maltreatment of the ward and the caregiver to convict and impose punishment.This paper aims to solve the difficult problems from the perspective of judicial application by analyzing and studying the crime of maltreating the ward and the caregiver.Firstly,this paper summarizes the crime of maltreating the ward and the caregiver.This paper analyzes the different definitions of the crime of maltreating the ward and the caregiver,and then redefines the concept of the crime.From the extraterritorial law and our country maltreatment of the crime of guardianship,caregiver to compare the relevant provisions.By analyzing the characteristics and behavior patterns of abuse in this crime,this paper defines several types of abuse behavior patterns,compares and analyzes the definition of abuse behavior and discipline behavior,and analyzes the identification of mental abuse in the crime of abusing guardianship and caregiver.Then,by studying the typical cases and judicial decisions of this crime,the author summarizes the specific determination method of "bad circumstances",and puts forward the method of determining "bad circumstances" from the perspectives of the motive and purpose,the means of behavior,the result caused and the duration of behavior of this crime.Then the author analyzes the subject and the object of protection of the crime of maltreating the guardianship and the caregiver,and defines the scope of the subject of the crime of guardianship and the caregiver,and discusses that the primary and secondary school teachers conform to the subject of the crime.Then the characteristics of the object of this crime and the protection of interests are made clear and the health rights of pregnant and pregnant women are included in the protection of interests of this crime.In the fourth chapter,this paper analyzes the definition of the crime of abusing the ward and the caregiver and other crimes,focusing on the boundary between this crime and the crime of maltreatment and intentional injury,and then solves the difficult problem of the judicial application of the crime of maltreatment of the ward and the caregiver by analyzing the imagination of this crime and other crimes.