Research On The Crime Of Abuse Of Guardians And Caregivers

With the development of social economy,the demand for guardians and caregivers in the society is increasing day by day,but the cases of guardians and caregivers committing crimes against guardians and caregivers are gradually appearing in the public's eyes.Cases of child abuse by kindergarten teachers and beatings of elderly people by nanny The event shuddered everyone.The "Amendment to the Criminal Law of the People's Republic of China(9)"(hereinafter referred to as the "Amendment to the Criminal Law(9)")adopted on August 29,2015 increased the crime of ill-treatment of guardians and caregivers.This crime is of great significance to protect the legal rights and interests of the guardian and caretaker,and punish related criminal acts that violate the legal rights and interests of the guardian and caretaker.This article analyzes today's social hotspot cases,such as cases of elder abuse by nanny,child abuse by kindergarten teachers,and cases of abuse of disciples by temple masters.The problems worth discussing in the case are summarized and the latest development of this crime,and finally the problems existing at the stage of emergence and perfect suggestions are raised.This article adopts a case analysis method,and divides the text into the following parts.The first part is a case demonstration,which describes hot cases and events.In the second part,the focus of the dispute between the prosecution and the defense is developed through a case.The issue of the identification of the person who has the responsibility of "guardianship" and the identity of the person who has the responsibility of "care".Under what circumstances constitutes a bad crime discuss.The third part is the author's research on other legal issues involved in the case.The identification of the unit as the subject of the crime,the judgment criteria and particularity of the criminal object in this case,the causal relationship between the criminal act and the damage result,the crime and intentional injury.Analysis of waiting for sin.In the fourth part,the author studies the crime forms of this crime,namely,preparation for crime,attempted crime,and suspension of crime.The fifth part analyzes the latest development of this crime,that is,the latest judicial interpretation of the illegal use of stimulants by minors and disabled persons.The sixth part,the legislation of this crime is perfect,the problems existing in this crime and suggestions for improvement.