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Criminal Regulation Of Child Abuse

Posted on:2015-07-18Degree:MasterType:Thesis
Country:ChinaCandidate:M P ZhuFull Text:PDF
GTID:2206330461973429Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, China’s "child abuse" events, has seriously affected thestability and harmony of our society, the abuse conduct criminal law be imperative. In China’s current criminal law does not specifically for child abuse behavior of the penalty clause, criminal law scholars in the study isless, a comprehensive system of child abuse behavior into the punishmentand therefore, the analysis and Research on the problem of child abusebehavior into the punishment, for the perfection of criminal law, promote the whole society to care, children’s atmosphere the formation of children, the protection of the legitimate interests, social harmony and stability is of great importance. Thesis writing generally follow the "question--analysis problem-solve the problem" line of thinking, based on the domestic scholars,learning advanced experience from the overseas legislation, put forward measures of criminal law in line with China’s national conditions. In research methods, mainly used the literature research and comparative analysis of domestic and foreign literature collection, collation and analysis, research.The child abuse in Zhejiang of Wenling case analysis of the loss function of child protection laws in China, focusing on the current situation of our country, the system transfer from developed countries or regionsexperience, through the establishment of child abuse crime as soon as possible and to introduce a mandatory report system, in order to betterdocking child legislation of our country, in order to make up for me in the social transition period child protection legislation overall weakness. The thesis is divided into three parts. The first part analyses the necessity,abuse behavior into the punishment include:child abuse punishment is needed to fulfill the international convention, the constitution, law and policy; China’s child abuse event is increasing, for moral cannot control;serious social harmfulness of crime of abuse with basic characteristics; the current law does not to regulate the abuse behavior. The second partintroduces the investigation region outside the abuse behavior of criminal law, from the most comprehensive protection of children the United Statesbegan to introduce the legislation development of the United States of America child protection, the United States of America criminal legislation on the regulation of child abuse behavior and mandatory reporting system,as well as the regulation of criminal legislation of Hongkong and China’s Taiwan region of child abuse behavior; the third part structure, abuse behavior into the punishment system including:child abuse into criminalcharges, child abuse, the constitutive elements of the crime, the relation and the difference between crime and related charges of child abuse andchild abuse crime establishment and related compulsory report system.
Keywords/Search Tags:children, abuse, criminal law, regulation
PDF Full Text Request
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