A Study On The Crime Of Abuse Of Children 's Behavior

The behavior of child abuse has been a cancer of society and are always hiddenaround everyone. With the world day of prevention to children’s cruelty established,the behavior of child abuse has attracted worldwide attention from all walks of life.Because of “respecting and safeguarding human rights” has been written into theconstitution and criminal procedure law, the protection of human rights in China hasbeen effectively improved. Based on this, the rights of children should be alsoprotected. The behavior of child abuse has not only violated children’s physical andmental health but also leaded to a lot of serious social harm. Since the current criminallaw of our country is not perfect and difficult to react to it, unfairly dealing with casesof the behavior of child abuse has produced strong criticism from social public thatare seeking to punish the child abuse. Therefore, it is necessary to criminalize thebehavior of child abuse and make it into the scope of protection of criminal law. Thisarticle demonstrates the severe defects on the criminal legislation protection ofchildren’s rights from the perspective of child abuse cases. Lacking of the ability ofself-protection, children are in a weak position in the society. So in order to protectthe rights of children more effectively and make the social more and more harmony, itis an inevitable choice to incriminate the behavior of child abuse and improvecriminal legislation on child abuse. There are totally five parts in this dissertation：The first part is an overview of the behavior of child abuse, mainly introduces theconcept, the causes, the characteristics, the expression and the detriment to thesociety.The second part mainly introduces different rules of child abuse between the civillaw and common law from which we can get some enlightenment.The third part, in the view of cases on child abuse, mainly discusses the differentjudgment from the cases on child abuse and expounds the dispute.The fourth part mainly introduces the necessity and feasibility of incriminating thebehavior of child abuse. The necessity is mainly embodied with serious social harm, the imperfection of current legislation and the requirements of criminal punishmentfunction; the feasibility is mainly reflected in the people’s shouting to incriminate thebehavior of child abuse, the legislative basis and the international legislative trend.The fifth part introduces the legislative path to implement the criminal law, mainlythrough amending the current criminal law and adding a new criminal charge toimprove.