Summary: | 碩士 === 國防大學管理學院 === 法律學系 === 99 === In this paper, the Armed Forces Criminal Law Executive abuse of subordinates as the object of the crime, the term for abuse Be clarified, and through practical case studies and relevant norms of international human rights treaties, a number of proposals,Chapter Executive stating abuse of military subordinates to the crime of criminal law protection of legal interests and the legislative history, by the Criminal Code Suoyu the concept of protection of legal interests of the general interests of military related, the third chapter of military criminal law stating Executive of the normative content of the crime of abuse of subordinates and legislative trends, the Executive's abuse of subordinates of the definition of the crime for the abuse, in order to achieve the word abuse Suoyu standardized meaning, and the other two are standard in the world trend of the conventions, the Universal Declaration of Human Rights and the U.S. prisoner abuse case, or as later amending the law the crime of abuse of a reference specification.Chapter IV practices and case studies for practice by the military 25 case, from a variety of types of crime identified the current standards of the crime of abuse, crime analysis and prevention methods. Chapter Five international conventions and legislation of China, the violation of human behavior and the relevant international humanitarian law, abuse of subordinates standards, including the relevant regulations of war, amending the law for the crime of abuse of inspiration, may be used as reference.Chapter Review and Proposal for Executive abuse and crime prevention measures subordinates from the policy side, practical perspective and legislation are needed to be study. Chapter VII Conclusions and comprehensive study on the opening proposal of the proposed amending the law to mention.
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