A Study On The Crime Of Abusing Children 's Behavior

In today’s society of child abuse behavior is a common phenomenon, this kind of behavior is family violence and family violence in one of the most serious behavior, this kind of behavior has become a long-standing serious social problems. With the continuous development of society, respect and safeguard human rights has been more and more high, the children’s rights by the social from all walks of life to give the high attention gradually. In recent years, our country appeared many child abuse event, the occurrence of these events caused very serious social impact. However, due to China’s criminal law to punish the lack of child abuse behavior person and so on various defects lead to the judicial organ can’t effective use of criminal law means to punish the child abuse behavior person. In theory and judicial circles and the society from all walks of life in October 2014, under the backlash of the amendment to the criminal law of the People’s Republic of China(9)(draft) for the first time to twelve deliberation by the session of the 11 th meeting of the standing committee of the National People’s Congress, although the amendment(draft) for abuses further modification, the main content of the modification is the abuse crime subject relative to expand. However, such a change in my opinion is not enough to effectively combat and prevent child abuse behavior; Besides, according to the criminal law of the original legislative intent, the crime of abuse of historical evolution and attain the goal of torture itself to see such a change is also a violation of the abuses the original legislative ideas. So the author did not agree with abuses do such changes. Therefore, this paper will from the following several parts to child abuse behavior how scientific and rational into China’s present criminal law to adjust the category. This paper is divided into the following three parts:The first part is child abuse in our country the status quo and the existing legal regulation, defect analysis, this paper mainly introduces our country realistic society to change the situation of child abuse and related legal regulation on child abuse and some defects existing in the system analysis.The second part mainly research discusses the necessity, feasibility of child abuse behavior into sin two aspects. Discusses the necessity of child abuse behavior of the author from the child abuse event frequent, severe social harm and current legislation imperfect vicious child abuse behavior, and children can’t regulate ego to protect power and low consciousness of these three aspects to discuss. Feasibility is mainly from the establishment of child abuse behavior crime accords with people’s psychological expectations, in line with the criminal policy in China also conforms to the international trend of legislation aspects.The third part is to add the crime of child abuse behavior criminal legislative Suggestions. This part mainly through an analysis of the former two parts discussed after legislation at home and abroad came to the conclusion, put forward to add child abuse behavior, the crimes to achieve with this crime have maximum protection of the rights of children at the same time to give the purpose of effective punishment to the abuser.