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发生在幼儿园、养老院、社会救助站等监管机构的非典型虐待行为与发生在家庭成员之间的虐待行为一样,具有严重的社会危害性,需要受到刑法的规制。两类虐待行为主体之间的关系看似不同,实则有着本质上的趋同性——都是一种十分紧密的社会关系,有较为明确的强势方和弱势方。但是,现行刑法对虐待罪的犯罪主体范围规定的过于狭窄,刑法中的其他相关罪名也不能完全涵盖需要科处刑罚的非典型虐待行为,只有通过修改立法扩大虐待罪的主体范围,才能使非典型虐待行为得到刑法的全面规制。
Atypical abuses committed by supervisory institutions such as kindergartens, nursing homes and social assistance stations have the same serious social harm as abuses committed by family members and need to be regulated by criminal law. The relationship between the two types of abusive actors seems to be different, but in reality there is an essential convergence - they are all very close social relations with more definite strong and weak sides. However, the criminal law of the current criminal provisions of the crime of abuse is too narrow range of criminal law of other related crimes can not completely cover the need for disciplinary penalties of atypical abuses, only by revising legislation to expand the scope of abusive crimes in order to SARS Abuse is fully regulated by criminal law.