On The Criminal Regulation Of Child Abuse

Child abuse is a very bad behavior. As a member of the vulnerable groups, children should be given more attention and protection of the state and society. At present, no matter in the world or in our country, the protection of children’s rights and interests are increasingly intensifying. Especially, in order to attract more people to focus their attention and concern on the protection of the rights and interests of children, in2000, the November19th of each year is settled as "world day against child abuse". However, the protection of children’s rights and interests is not optimistic now. The international research shows that there are at least about forty million people suffered abuses among the children whom under the age of14in the world. Among them, the women that who were suffered sexual abuses in their childhoods accounted for about20%, male accounted for about5-10%. At the same time, there are nearly half of the children suffered physical abuses. In addition, there are a lot of children suffered psychological abuses and neglect. An investigation shows that there are about40%children have been suffered different degrees and forms of abuses in China. Especially in recent years, our country appeared a lot of child abuse cases, more show the need to protect the rights and interests of children, and the situation is very critical.Therefore, many scholars, social organizations and the ordinary people expressed their strong indignation and condemnation on the child abuse. At the same time, people hope that our country could regulate child abuse by the means of criminal legislation as soon as possible. Only in this way, can we punish the brutal sadist and give the children a beautiful and pure world.As a law student, I have very deep feelings to the law of our country. I am deeply impressed by the supreme authority and the accurate value orientation of the law. So I really hope that our country could through legislative to better regulate the child abuse as soon as possible so that the children’s rights would obtain effective security. According to the principle of legality, the existing law can not regulate child abuse, so the child abuse should not be considered as a crime. But this result far from persuasive and satisfactory. So this thesis is according to the "typical child abuse cases which occurred in our society in recent years" perspective, to review the cases further, to find out the focal point of these cases, to define the deep theory of child abuse, to summarize the types of child abuse, and combined with the foreign legislation and related records as well as the basic national conditions in China at present, to dissect the necessity and feasibility of legal provisions added to reveal "child abuse sin" in criminal law, and the conception of the crime, the concrete scheme of the crime. Meantime, it combines two mainstream view of academia. One is that we should set up the "child abuse sin"; the second is that we should on the basis of the crime of abuse, combined with the existing articles, to add new provisions of child abuse. I think, these two viewpoints each has its reasonable place and can provide reference for future legislation, so I summarize the two views in order to contribute a modest force of myself to the criminal legislation of our country. Then the children’s rights and interests could obtain effectively protect.