非家庭成员间虐待行为刑法规制的研究.pdfVIP

件已经成熟。 第四部分：在借鉴异域及本土中与虐待行为相关立法的基础上，提出了两种 规制路径：设立新罪名或修改虐待罪。紧接着，笔者对这两种路径进分析，指出 设立新罪名的不可行并提出通过修改完善虐待罪来实现对非家庭成员间虐待行 为的刑法规制，具体法条表述为“虐待他人，情节恶劣的，构成虐待罪。” 对于本篇文章，笔者能力确实有限，有些观点可能尚且肤浅，希望大家指正。 关键词：非家庭成员；虐待行为；虐待罪；法益侵害；立法完善 2 Abstract In recent times, incidents (such as children being maltreated and old men being abused) have been frequently exposed, which arouses the concern from all walks of life. For those abusive behavior happened between non-family members, there are still no corresponding charges in current criminal code. Although some criminal charges(such as crime of maltreatment, crime of maltreating people in custody, crime of maltreating subordinates, and crime of maltreating prisoners ) have been set up to regulate this kind of behavior, they all cannot govern the criminal actions due to the limits of subjects and objects of those charges. Thus, the current criminal code can’t stretch his hand to this kind of criminal offences. So, shall be apply criminal law to regulate maltreatment between non-family members? The author argues that frequently happened abusive behavior between non-family members has caused extremely harsh influence in society, has resulted in serious social harmfulness so that criminal law shall intervene.In addition to the introduction and conclusion, this paper is divided into four parts. And there are about 30,000 words. The main contents are as followed: Part Ⅰ: The author will explain the basic meaning of non-family members from the beginning of analyzing the basic concept of the maltreatment between non-family members in order to define the maltreatment between non-family members clearly, that is, maltreatment refers to the constant, persistent and anytime upgraded paschal and physical harm and tor