What exactly does the crime of torture violate?Professional interpretation of the crime of maltreatment (ii) The object of the crime of maltreatment

2022-05-15 0 By

What exactly does the crime of torture violate?(2) The object of the crime of maltreatment In the numerous maltreatment cases exposed by the media, all the torturers are fully aware that their violent or non-violent maltreatment will cause harm to the other party, but they still actively carry out and pursue the occurrence of such harm results.For example, in the “Guangdong Yangjiang Wife abuse case”, it is undeniable that the husband Zeng is fully capable of criminal responsibility. As a normal person, he must be able to realize that his behavior will bring harm to his wife, but he still actively pursued such harm, resulting in his wife being abused and seriously injured.In this case, we can clearly see that the subjective state of mind of the actor should be directly intentional.If the actor has an obligation to perform an act but refuses to perform it, such a situation is generally indirect intent.For example, a common person assuming the obligation of upbringing and support for dependents, or be sick support person not to heal, have a meal to eat, not as a way of implementation of abuse victims, clearly know oneself not as could harm as a result, but still no matter or disregard, endangering themselves and not as a result a laissez-faire attitude.The subjective aspect of the crime refers to “the subjective psychology of the perpetrator and his psychological attitude towards the harmful consequences caused by his behavior when he carries out the crime.” According to the definition, the subjective aspect of the crime of maltreatment is intentional and can only be intentional, including direct intent and indirect intent.That is, knowing that the occurrence of a certain kind of maltreatment will cause the counterpart to have the result of infringement, but still actively implement and pursue the occurrence of the result of such injury or let such result happen.What needs to be emphasized here is that the subjective intention of the actor only includes the intention of his own ill-treatment, that is, he actively pursues or indulges the harm brought by the ill-treatment itself and the victim.Therefore, if in practice the perpetrator is found to have intent in addition to maltreatment, it is possible to consider that the perpetrator may be involved in other crimes.The object of abuse crime is a complex object composed of personal rights and equal rights.First of all, the primary object of the crime of maltreatment is personal rights.The criminal Law of Our country divides all charges into ten chapters according to the object type of the crime, and the crime of maltreatment is placed in the chapter of infringement on citizens’ personal rights and democratic rights in the Criminal Law.Obviously, we can conclude from this that the object of the crime of torture must involve personal rights.The right of the person refers to the right directly related to the person, such as the right to life, health and other rights belong to the right of the person.In all cases of ill-treatment, the perpetrator achieves the illegal purpose of ill-treatment by violating the victim’s right to life and health (including mental health).For example, the victim is often abused, seriously injured or killed by the perpetrator, which is a typical violation of personal rights.Therefore, from the perspective of the behavior implementation mode of the crime of abuse, it is not difficult to conclude that its object should be the personal rights of citizens.The crime of maltreatment is established in the Criminal Law to prevent and punish maltreatment through punishment, so as to protect citizens’ right to life and health from being infringed upon.Therefore, personal right should be the primary object of the crime of maltreatment.Secondly, equal rights enjoyed by individual family members should be the secondary object of the crime of maltreatment.The crime of maltreatment is a crime closely related to family relationship.The family is a relatively closed, autonomous, private environment, less affected by the outside world.Family relations are mainly maintained by traditional morality. In such an environment, the status of family relations formed between family members mainly depends on their own physical and economic conditions.Therefore, young people with better physical and economic conditions generally have a higher family status, while the elderly, women and children tend to be in a disadvantaged position.Although the law is everyone is equal for the citizens of the output values, but in a relatively closed, autonomy, family environment, rely on the strength of ethics is difficult to fully effective adjustment of the relationship between family members, a disadvantage of family members unavoidably become the object of infringement, to break this kind of family pattern, the equality of rights is the resulting children regardless of parents,They do not give medical treatment when they are sick, and parents abuse their children at will in violation of the equal rights of family members.Therefore,, when the moral norms are difficult to adjust the family equality relationship, the need for legal intervention to regulate, the crime of abuse, is to set a bottom line for the behavior between family members, all transgression of the bottom line will be punished.