On The Criminal Nature Of Child Abuse

Children because of age, health, mental and other restrictions in a relatively weak position, because of this children should be protected by parents and other community. In reality, however, there are a lot of people in a variety of reasons for the behavior of the children violence or non-violence, Some actions can be called to the abuse of children.From the perspective of criminal law to abuse qualitative shall follow the principle of legality for a first. When the act constitutes a crime according to criminal law refers to the crime of insult、abuse、intentional injury and stir-up-trouble crime, etc. In addition to the above charges, By violence, coercion or other means of rape children may constitute a rap; Child abuse can also constitute intentional injury crime when they killed among other charges. According to specific crime constitution of the abuse behavior of crime and not crime, this crime and sin. Insult our country criminal law crimes have means bad, serious consequences if the circumstances are serious requirement. Regulation object of the crime of abuse is only family members living together; Constitute intentional injury of the damage the body of the behavior of others in elements of the object must have more than others light damage degree. In judicial practice, the abuse of object, means, methods, and damage the result is different, So on the basis of the existing charges for child abuse convictions can not be timely punish crime effectively.This article obtains from the analysis of child abuse, This behavior in criminal law on determine the behavior countless difficulties, based on this, advances our country criminal law shall be separately set up the crime of abuse. Child abuse is a serious harm to children’s physical and mental health, In accordance with the existing charges conviction, difficult to highlight the behavior of social harmfulness and children need to have the urgency of the protection of criminal law, Add child-abuse crimes not only have realistic basis and theoretical feasibility, Articles and draw lessons from foreign legislative overview about child abuse charges from different aspects such as analysis of China’s legislative intent, To advice to add child abuse charges provide strong theoretical support. The paper finally part to add child-abuse crimes legislation idea made some tentative exploration and discussion, Based on the analysis of existing abuse crime data based on the book and reading domestic and foreign criminal law on the crime of abuse, crime constitution, the concept of and made a set is not a crime, etc, to abuse crime as a reasonable, legal and scientific analysis as much as possible, Hope to punish abuse crime can have tangible legal basis.