Study On Child Abuse In Criminal Law

Continue to occur in the face of bad behavior of child abuse, we indignation and condemnation ofsuch acts, but also an analysis should calm them. Currently the phenomenon of child abuse is a commontopic of concern around the world, so we need to build a multi-level aspects of prevention and protectionmechanisms from the legislative, judicial, administrative, social protection. The only way to protect ourchildren, they are the future hope of the motherland, is the so-called " youth country strong." But China’scurrent interest in the protection of children ’s many legal point of view, mostly general and more general,many of the provisions enacted very vague, fail to prevent and punish the effect of making criminals ofchild abuse have nothing to fear, and some even was arrested and could not find its corresponding legalpunishment. This article is based on solid theory of China’s criminal law, a reasonable draw on theresearch results of the theory about foreign countries, and improve its seminarians to fit the premise ofChina’s national conditions, expect it to integrate into our system of criminal law theory. The crime ofchild abuse should be promoted as soon as possible into the penalty, and to analyze the possibility ofpunishment into expect attention to the legislative branch.In this paper, in addition to the introduction and conclusion, centimeter four parts:The first part of "Wenling child abuse case" perspective of the problem of child abuse made, andacademic views on the problem of child abuse. This section lists the main "disturb the crime,""insulting thecrime","crime of intentional injury" and "maltreatment", according to their constituent elements, describedabove present some scholars of the different views and opinions on charges of dealing in child abusedifferences from which to identify problems, to provide material for the author and learn how to solve suchproblems.The second part analyzes the status quo of China’s criminal regulation of child abuse and defects.Which analyzes the existing legal provisions for the protection of children’s rights in terms of commentary,although the protection of children’s rights in our country has been in a number of legal requirements andscattered in all kinds of laws, but there are many problems. For example suitable as several counts of childabuse academic discussion (disturb the crime, the crime of insult, intentional assault and ill-treatment), but the above method of the constituent elements, after analysis, the constituent elements vary in line with childabuse, which resulted in a number of incidents of child abuse can not be accurately characterized, evenmany criminals be punished, China’s criminal law for the handling of child abuse is obvious defects.The third part is the necessity and feasibility of the crime of child abuse into the punishment. Thissection lists the methods similar foreign crime into the criminal child abuse, as well as the degree ofattention. Analysis of the reasons for child abuse in the history of our existence, and the other analyzingchild abuse not only for the child’s physical behavior prejudicial, but also for mental injury should alsoreceive attention. May adversely affect their whole life for the child mental harm, or even increase thelikelihood of future crime. In addition China has a good mass base and the legal reserve, which is aprerequisite for setting the crime of child abuse.The fourth part is the path to the crime of child abuse into the criminal choice. Which cited theChinese scholars on different point of view in favor of the crime of child abuse into the criminal point ofview, mainly from the Restraining Criminal Law and expand the scope for maltreatment. I agree childabuse crimes from the criminal’s perspective into the analysis of academic opinion in favor of, and putforward their own theory. Another study into the penalty the crime of child abuse should pay attention toissues such as the setting of their offenses and penalties, and applying analytical and other clauses ofconcurrence issues, put forward their own views.