Research On The Controversial Issues Of Maltreatment Of Guardianship And Caregiver

In recent years,kindergarten teachers abuse children,nanny abuse children,nurses abuse the old,school teachers abuse students,and other related cases have aroused wide discussion in the society.but before nine "criminal law amendment came out,since there is no criminal report on this kind of behavior in the criminal law,it is difficult to investigate the responsibility of this kind of behavior from the perspective of criminal law,so this kind of behavior will not be punished.make this kind of crime cannot be punished.Therefore,the crime of maltreatment of the person under guardianship or caregiver arises at the historical moment,with the aim of regulating this type of criminal behavior which violates the specific identity object.However,it has been five years since this crime was put into prison in 2015,and it is applicable Not so good.The provisions on the subject,behavior and consequences of the crime are too general.Based on this,this crime takes the controversial issues of this crime as the research object,discusses the imperfections of the existing laws,understands the controversial views of the academic community on relevant issues.To understand the academic controversy on related issues,a lot of views,analysis of the views of this paper,to provide a better identification of the crime reference.The perpetrator of the crime may be a natural person or a unit with relevant responsibility with the obligation of guardianship and nursing.There are some differences between guardianship and nursing,their legal nature,scope of application and legal interests of protection are different.In addition,the obligation source of this crime is as follows: laws,regulations,contract agreement and duty,business requirements.From the perspective of the behavior mode of this crime,both omission and omission can become the behavior mode of this crime.The simple mental crime needs to be determined in combination with the object of the crime.Neglect of abuse may also constitute the abuse of this crime.The obligation source of the subject of this crime can be either directly stipulated by the law or based on the specific legal relationship or the actual guardianship relationship.The objects of this crime include minors,sick people,the elderly and the disabled.The determination of "bad circumstances" should be based on its nature,the basis of determination and the factors to be considered when determining the circumstances.Finally,the joint crime of this crime mainly needs to analyze the joint crime of unit and natural person,as a joint crime,not as a joint crime and mixed behavior.