The Thinking Of Legislation Defect Based Wenlins Child Abuse

Due to limitations of age, intellectual level, and physical growth, children usually fall into vulnerable status and are protected by parents, teachers, and other social members. However,in our real life some individuals use their advantages as adults to hurt children by violent and non-violent means, causing mental and physical consequences. The case of Wenling kindergarten children abuse arouse highly controversy because corresponding charges cannot be found in Chinese Criminal Law due to the loopholes in present law. Child abuse is primarily convicted based on whether it is against any regulation in the Criminal Law. As there is no relevant crime charging for child abuse, and appropriate existing accusation is adopted from the criminal law to charge for it. Child abuse involves four major crimes:Maltreatment, Humiliation crime, Intentional injury crime, and Defiance and affray crime. Maltreatment is only limited to family members. Humiliation requires bad means and serious consequences. Intentional injury crime needs injury to reach certain degree. Yan, the criminal in the case of Wenling kindergarten children abuse, did not meet any given crime above and was finally acquitted according to the principle of legality. By studying oversea legislation of child abuse prevention, this paper addresses the vulnerabilities and areas required to improve in current domestic laws in terms of types of child abuse,cause and consequences.