Research On The Standard Of Determining The Crime Of Abuse

In recent years,domestic violence cases have occurred frequently and have gradually become a serious social issue that has attracted public attention.The case of "Shandong Yucheng woman Fang Yangyang was abused to death by her husband’s family" in 2020 once again brought the crime of abuse back to the public eye.Because there are many similarities between the crime of abuse and the crime of intentional injury,for example,in the subject,the subject scope of the crime of intentional injury includes the crime of abuse;subjectively,both are intentional crimes;in the object,the crime of abuse violated Personal rights and the crime of intentional injury overlap;objectively,if the abuse is carried out by violent means,its appearance is similar to that of intentional injury;the most important thing is that both crimes stipulate the aggravation of serious injury and death Punishment Circumstances.Therefore,in judicial practice,when casualties occur,whether they should be characterized as abuse or intentional injury or homicide is often a difficult problem that is easily confused and difficult to identify,which in turn brings trouble to the investigators.At the same time,a considerable number of scholars mistakenly believe that there is no difference between the two behaviors due to the indistinguishability of abuse and intentional injury.Therefore,on the one hand,the phenomenon of "no case for minor injuries and no punishment for serious injuries" in practice has led some scholars to point out that the crime of abuse is in name only;The big difference has also been criticized.In addition,since the current law does not specifically explain what is meant by "egregious circumstances",there is no uniform standard for the determination of criminal abuse.In this article,the author introduces the topic through the "Fang Yangyang case",from the object of protection of the crime of abuse,the behavior of regulation,the subjective content,the criteria for determining the "bad circumstances" of the abuse,the relationship between the crime of abuse and the crime of intentional injury,etc.Begin by discussing the difficult problems of abuse cases in judicial practice and putting forward your own opinions.In addition to the introduction and conclusion,this paper is divided into four parts,mainly expounding the following contents:In the first part,the legal interests protected by the crime of ill-treatment are reasonably defined,and the reasons for disapproving the proposition of severe punishment of the crime of ill-treatment are explained according to the particularity of the legal interests it protects.First,the existence of each individual charge has certain legal interests that need to be protected.The difference in protecting legal interests between charges constitutes the special significance of the existence of each independent charge.Accurately defining the legal interests of the crime of abuse helps to deepen the understanding of the crime.The reason why legislators regulate general domestic violence by establishing the crime of abuse is precisely based on the particularity of family and ethical relationships.There will be special considerations in the behavior of its regulation and the setting of statutory penalties.Secondly,for the existing penalty settings for the crime of ill-treatment,many scholars tend to make it a severe punishment and strongly advocate increasing the statutory penalty for the crime of ill-treatment.The author believes that,without comprehensively examining factors such as the original intention of the legislation,judicial practice,national conditions,historical evolution,etc.,and standing at the height of legislation only because of a seemingly unreasonable point,the proposal to increase the statutory penalty is both one-sided and inappropriate.appropriate.Therefore,in this part,the author starts from the establishment basis of the crime of abuse,and expounds the reasons for disapproving of this kind of judgment.In the second part,through the introduction of the behavior object,harmful behavior,harmful result and causal relationship,clarifies the objective elements of the crime of abuse.In terms of behavior objects,the subject and behavior object of the crime of abuse are framed as family members living together,and their specific meanings are explained;in terms of harmful behavior,due to the abuse by violent means,its external manifestations are different from Punishment and intentional injury have similarities.Therefore,by clarifying the boundaries between disciplinary action,abuse and intentional injury,the frequency,duration,occasion,and violence of the abuse at the objective level should be clarified.In terms of harm results,it is divided into two sentencing grades: basic offenses and aggravated offenses,and discusses the possible physical and mental harm results of abuse;The causality approach is introduced.In the third part,through the introduction of the sin form of the crime of abuse and the motive and purpose of the crime of abuse,clarifies the subjective elements of the crime of abuse,and based on the essential difference between abuse and intentional injury,expounds the disapproval of increasing the legalization of the crime of abuse grounds for punishment.In terms of the form of guilt,for the establishment of the basic crime,the subjective intentional "component" of the act of abuse and the act of intentional injury are different,and in terms of the composition of the aggravated crime,there are differences in the form of the crime of the two;in terms of motivation and purpose,it explains The motivation and purpose of abuse is an important factor to measure the subjective viciousness of the perpetrator,and at the subjective level,the boundary between disciplinary behavior and abuse and intentional harm should be drawn.Under the domination and dominance of different subjective elements,there must be essential differences in the intensity and viciousness of the perpetrator’s behavior.Therefore,in response to the phenomenon that some scholars confuse the concepts of abuse and intentional injury,the author unifies the differences in the subjective and objective aspects of the two,and draws the conclusion that the two behaviors are essentially different,and then puts forward the proposition of severe punishment of the crime of abuse.In the fourth part,by organically unifying the subjective and objective elements,reinterprets the relevant identification standards of the crime of abuse.In terms of the definition of behavior,the general characteristics of abuse behaviors are clarified and their concepts are summarized;in terms of the distinction between crime and non-criminal,combined with the interpretation of "bad circumstances" in the article "Opinions on Handling Domestic Violence Crime Cases According to Law",it is clear that The specific criteria for judging the crime of abuse;in terms of the identification of aggravating circumstances,it analyzes several situations that can constitute aggravated crimes as a result of the crime of abuse.In addition,since there are many similarities between the crime of abuse and the crime of intentional injury,and it is easy to cause some misunderstandings in judicial practice,the author starts from the misunderstanding of the subject and the handling of the two co-occurring acts,and discusses these issues.