A Study On The Judicial Indentification Of The Crime Of Maltreatment

Through the analysis of cases involving maltreatment,it is found that there are many controversial points in the determination of the crime of maltreatment in judicial practice,which makes the identification of the crime of maltreatment more difficult than imagined although the number of maltreatment acts in real life.In view of the difficult points in the judicial identification of the crime of abuse,the author puts forward some ideas:the subject identification of the crime of abuse needs to start from two aspects:the common life of other close relatives in the legal family members and the identification of non-legal family members;The form of the crime of abuse should also cover simple mental abuse and sexual abuse;The identification criteria for the severity of abusive behavior should follow the principle of the unity of subjective and objective,and quantify the key identification content points such as "persistent" and "regular".In terms of the identification of the criminal form of the crime of abuse,as long as the crime of abuse meets the criminal criteria,there is only the completed stopping form and there is no attempted form.If the family members do not fulfill the obligation of rescue,they should be evaluated as joint crimes of the crime of abuse with the perpetrator of the abuse at the illegal level.Finally,this crime is compared with intentional injury crime and intentional homicide crime in subjective and objective aspects,and how to deal with the aggravating consequences of abuse crime is proposed.