Study on the Scope of 'Family Members' in the Crime of Abuse

Abstract

In June 2023, the Haidian Court rendered a first-instance judgment on the 'Mou Linhan Abuse Case.' In July 2023, the second-instance trial upheld the original judgment, sentencing the defendant Mou Linhan to three years and two months in prison. Since its exposure, the 'Mou Linhan Abuse Case' has attracted widespread social attention, and there has been much controversy over whether the case could be convicted and punished as abuse. The specific focus is whether the relationship between Mou Linhan and the victim falls within the scope of a 'family member relationship' under the crime of abuse. Some believe that under the current family structure, Mou Linhan and the victim have already formed a family member relationship in a substantive sense, and it can be recognized as such; others believe that recognizing the relationship between the two as a 'family member relationship' essentially expands the scope of abuse issues and does not conform to the principle of restraint in criminal law. After thoroughly studying and reviewing both viewpoints, the author believes that both have some validity. This article first provides an overview of the concept of 'family members,' then, based on the 'Mou Linhan Abuse Case,' lists and analyzes the viewpoints of both sides, and through comprehensive analysis, presents its own theoretical perspective and the judicial tendencies in practice.