Analysis On The Case Of Children Abuse Caused By Yan

The research on child abuse case of Yan in Zhejiang，Wenling，has practicalsignificance in both judicial practice of similar case, and the legislation of criminallaw on child abuse. From the judicial perspective, according to present criminal law,Yan’s action neither constitutes crime of picking quarrels and provoking troubles,because he didn’t create a public disturbance; nor crime of willful and maliciousinjury, because he didn’t cause more than minor injury to the child; nor crime ofatrocity, for the lack of family relationship with the child; nor crime of insult, forthere is no lawsuit against him. From the analysis of the above criminal constitutionelements, related charges in present criminal la’w cannot completely cover Yansaction. Thus, Yan’s action does not constitute crime. The prosecution’s action ofwithdrawing the case was an implementation of the principle of legality. From thelegislative perspective, whether should child abuse be incorporated into the criminallaw, depends on the consideration of necessity and feasibility. On one hand, with theincreasingly frequent occurrence of child abuse, children’s physical and mental healthis now in jeopardy; on the other hand, besides present criminal penalty, civil andadministrative measures are not enough to stop such acts, there is an absence incriminal legislation’s function of protecting children. In order to perfect the law onthe protection of minors，child abuse shall be incorporated into criminal law. In thisway, mutual connection of legal departments will be accomplished, meanwhile,criminal responsibility of child abuse will be implemented. The increasingly prevalentcall for child abuse punishment at home and the experience in criminal legislationabroad provide not only necessity but also feasibility for the incorporation. At present,there are two different opinionsto set up a separate crime, and to modify presentchild abuse crime，among law experts towards child abuse action. In fact, themodification of the crime not only can fully embody special protection for children，but also coordinate properly with other crimes，thus setting up a separate crimebecomes unnecessary. To specify the method of incorporation, the amendment ofcriminal law is required to expand the subject and object scope of child abuse, to perfect the type of child abuse, and to aggravate the punishment of child abuse.