Criminal Law Analysis On Parental Violence Injuring Minor Children 's Behavior

Recently,the incidents that parents harm there minor children are frequently reported. The trail results are different for such similar cases: some parents have been sentenced to prison for 15 years, when others have been given a suspended prison term. There are different application of standards in judicial practice all over the courts. These thesis tries to begin with the definition of “parents harm there minor children”, summarizes the law itself and the applicable effects to absorb their experience, and study the treatment of“parents harm there minor children”, and unify the conviction and punishment standards for those crimes. In order to apply the punishment correctly, protecting the rights and interests of minor childrens, give their parents something to remember about, and to prevent recurrence of similar incidents. This thesis divided into three sections:PartⅠ:What is the phenomenon that minor children were harmed by their parents? To begin with the definition of the behavior, then I will explain the parents including the biological parents, foster parents and stepparents and the minor children who are under eighteen years old. What I explained in my thesis is the phenomenon that the minor children harmed by their parents’ violence, which leads to children’s slight injury, severe injury, even death.PartⅡ:How the history and reality of “parents harm their minor children” is ruled by criminal law. In the feudal society, the criminal principles ruling relatives is regulated by Mourning system. The parents as eldership are given lesser punishment, even exempted from punishment. With the “Morality and Law in dispute”in the Late Qing Dynasty, the punishment that the superior harmed by subordinate and the harm among the peers are the same. Laws give preferential protection for minor children, while in the “parents harm their minor children” cases; those parents are given lesser punishment.PartⅢ:How to deal with the “parents harm their minor children” in the judicial reality. This is not crime that parents educated their children, except the “education rights “are abused. According to the constitution of crime, “parents harm their children” may be judged as crime of intentional injury, crime of negligent homicide,offence of negligently injuring another seriously、crime of intentional homicide、crime of abuse,and these crime will be distinguished in my thesis.