The Application and Improvement of the Crime of Abusing the People in Custody or Tendance-From the Perspective of Empirical Research

The Criminal Law Amendment (9) added the crime of maltreating the ward and carer, which changed the first paragraph of the original crime of maltreatment, “only when told”. In addition, the subject of abuse has also been expanded, from those who have family relations to those who are responsible for guardianship and care of minors, the elderly, the sick, the disabled, etc. The crime has experienced seven years of judicial practice. Although it has played a certain role in strengthening the protection of minors, the elderly, the sick and the disabled, it has encountered problems in practice, such as incorrect understanding of the subject and the target of the crime, and difficult to grasp the “bad circumstances”. In view of the problems in judicial practice, relevant judicial interpretations should be issued to further clarify the subject or identification of the abuse of guardians and caregivers, clearly explain the target of the crime, and clearly define the “bad situation”, which can not only maintain the authority and stability of the law, but also effectively combat abuse crimes, and fully ensure the legitimate rights and interests of vulnerable groups.