非家庭成员间虐待行为刑法规制研究.pdfVIP

the application of charges mentioned above to this kind of crime on the basis of the constitution of crime of specific cases. Through detailed analysis, the author points out that the core obstacle lies in the objections(only limited to family members) the law sets up for the crime of maltreatment. However, throughout the incidents occurred in the reality, such as the exposed kindergarten teacher and nurse, those kinds of abusers is not a family member for the abused. Part Ⅲ: Discuss the necessity and feasibility of employing criminal law to regulate this kind of crime. Maltreatment occurred between non-family members do harm to the abused, violate the rights of the person, and more infringe upon legal interest critically. In addition, it is people’s will to punish this kind of crime as more and more people suffer maltreatment from non-family members, which provides a good foundation. Whether from the theory of criminal law or under current circumstances, the conditions of applying criminal law to maltreatment between non-family members come to mature. Part Ⅳ: On the basis of learning legislations concerned with maltreatment home and abroad, the author will propose two different regulatory paths “to establish a new charge” or “to amend the current crime of maltreatment” . Then, the author analyze these two paths and point out the infeasibility of setting up a new charge and further propose modifying the current crime of maltreatment to achieve the goal of governing the abusive behavior between non-family members, the specific statute stated as follows: “a person who maltreats another person shall constitute the crime of maltreatment if the circumstance is flagrant. ” To