| In recent years,the cases of social abuse occur frequently,which has aroused high attention.The “Amendment(IX)to the Criminal law” increased the crime of maltreating the guardians to regulate such abuse case between non-family members,which effectively solve the special requirements of the victims in the crime of abuse,and abuse of supervised,and effectively regulate the social abuse of the elderly,children and the disabled,and protect the legitimate rights and interests of vulnerable groups.In the process of regulating crime,some legal application problems also exposed in judicial practice :the identification of the crime subject is not clear,the identification standard of the bad plot is not unified,lacking of consideration for mental damage and so on,make the crime in judicial practice of different sentences.Leading to the differentiation of conviction and sentencing.In order to resolve these problems,we should base ourselves on practice and find out the difficulties and factors in the application of this crime,so as to better apply in judicial practice.The main structure of the article is divided into four parts,the first part explains the legislative background and legal provisions of the crime of abuse of guardianship and cares,which lays the foundation for the later discussion;The second part briefly explains the basic connotation of this crime,at the same time,from the perspective of judicial practice,based on the effective cases retrieved from China judicial documents network,summarizes the problems existing in the application of this crime in current judicial practice,including unclear identification of guardianship and care responsibilities,confusion in the application of charges,,lacking of consideration of mental damage,based on the effective cases collected by the Chinese judicial documents network..The third part analyzes the causes of these problems on the basis of the above summary,so as to "suit the remedy to the case." The fourth part based on the above analysis and reference,combined with my own thinking,put forward some improved ideas,so as to refine the application of the crime in judicial practice. |
