On The Criminal Law Regulation Of Child Abuse

Children is the hope and future of mankind, but in the real world, due to reasons such as age and intelligence, children do not have behavior ability completely, must be in adult education, guidance, help and protection,they can become mature and perfect. This very strong dependency status moment in children is in danger of violations, In recent years, various kinds of child abuse event was exposed, touched people sensitive nerve. How to effectively curb the occurrence of such abuse,on the criminal law provides a strong protection for children? It is every citizen must seriously thinking of problem.To protect the legitimate rights and interests of children are not violated, first of all to the legal status of children have a sober understanding and set up the correct view of children’s rights. In this paper, we along the river of history, snce the dawn of human civilization, has been down the river. I think in modern society, children should not be the object of protected, discipline and discipline, They are also have the right to independence, and based on the particularity of the children, they have the right to get special protection and priority.In order to put forward the targeted countermeasures, the paper begins with the concept of child abuse, cultural tradition, children’s own weak position, imperfect legal norms, and insufficient government law enforcement and absence of public service agencies for child protection aspects analysis the reason of the high incidence of child abuse at the present stage in China. Then this article in the current criminal law regulating the body of such abuse related law in reality analysis, according to the provisions of the criminal law, adult through violence or other means physical abuse of children is mainly involved in the crime of abuse, insult, intentional injury and stir-up-trouble crime. But because of the lag of the law and the contradiction between the complexity of social relations, does have some body class although abuse has serious social harmfulness, but in the criminal law applicable blank, for example, in the preschool teacher abuse case, Yan one eventually sentenced to administrative detention of 15. According to the dilemma, this paper put forward some suggestions about child abuse legal system perfect, Unlike public outcry, I don’t think adding " child abuse charges" need. Because it is not about the needs of the reality in our country, and with generality of criminal charges. The last reference other countries legislation experience, combined with the actual situation of our country and the provisions of the criminal law amendment(draft)(9), the author thinks that shall give appropriate changes to " crime of abuse", order to better protect children, the elderly and so on all need to be taken care of and care of vulnerable groups, will be the subject of the crime of abuse by the "family members living together" to expand to other education, care, guidance, protection responsibilities of all personnel; In order to better protect the abuse of family members, also should delete the current crime of abuse of the provisions of the "tell to handle",countries should actively involved,provide public relief for the victims. There are necessary to set up a mandatory reporting system, If they founded children, the elderly, sick, disabled people suffered beatings and other physical abuse, related personnel have a legal obligation to report in time.