Research On The Crimes Of Maltreatment Of A Ward Or Caretaker

Before the promulgation of the Criminal Law Amendment < 9 >,the media frequently exposed the cases of kindergarten teachers abusing children and nursing workers abusing the elderly,which became the hot topic of social attention.Many scholars have studied such cases,such as the case of child abuse by preschool teachers in Wenling.The mainstream view is to regulate the cases of child abuse by setting up the crime of child abuse,so as to make up for the inadequacy of the current criminal law.Under the strong appeal of scholars and the public,the criminal law amendment < 9 > "stipulates the crime of maltreatment of wards and caretakers,the establishment of this crime is in line with the will of the people and the social reality needs,and is also the further improvement of the crime of maltreatment.But the abuse of custody,care,as the new crimes applicable is bound to appear some problems in the judicial practice,through to the abuse of custody,the concept of caregivers,constitutive requirements,find out the deficiencies and defects,to foreign legislation,draw lessons from successful practices,combined with the actual situation in our country,trying to find out the feasible way out and the improving Suggestions for it.First of all,by introducing the legislative evolution of the crime of maltreatment,the establishment of the crime of maltreatment of wards and guardians is affirmed.Secondly,the concept and constitutive elements of the crime of maltreatment of wards and caregivers are deeply analyzed,which lays a foundation for the discussion of this crime.Thirdly,through the investigation of foreign legislation,the analysis of domestic actual situation,find out the recommendable points;Finally,the author analyzes the legislative defects of the crime of maltreatment of wards and caregivers and puts forward suggestions to improve it,making a modest contribution to the improvement of the crime of maltreatment of wards and caregivers.