Acts On Child Abuse Criminal Regulation In China

In recent years, child abuse frequent exposure on the network so that the protection of the legitimate interests of the child came back to the center of public opinion. Our frequent child abuse incident reflects imperfect, existing laws and regulations of the relevant legal system to punish acts of child abuse for some is not enough, even for the punishment of certain acts of serious cases of child abuse legislative gaps still exist. Children as the country’s future and hope for the development of a country and society plays a vital role, we should get over the care and love for intensified child abuse, we should be cracking down on child abuse behavior strictly into the sentence, effectively protect the legitimate rights and interests of children. On child abuse criminal behavior into question our current academic and judicial practice, there are three main paths options:Modify maltreatment expand the scope of its subject for intentional assault will be included psychological harm to the protection of the legal interests of assault and establish an independent the crime of child abuse. These three path selection has its advantages and disadvantages, caused no small controversy. In this article, the author in the first part of the article first cited reflect the status of China’s child abuse statistics and the behavior of some typical cases of actual, combined with China’s actual conditions and in accordance with these acts of abuse against children in different ways and subject to abuse child behavior made the appropriate type division, and finally summarized the regulatory status laws on child abuse behavior. Purpose and in the second part of the crime of child abuse acts as a necessity and feasibility of the two crimes based mainly discusses the necessity of serious child abuse acts harmful to society, punish acts of child abuse in line with the Criminal Law existing laws and regulations regulating the behavior of child abuse loopholes; discusses the feasibility of relevant experience and our domestic punishment for child abuse into a solid foundation and a strong legislative public reserves and its extraterritorial legislation in judicial practice operability. In the third part of the article discusses the regulatory path in three acts of child abuse we mentioned above, for each path by comparing the applicable basis and defect finding the most beneficial to punish acts of child abuse Penal path: establishment of an independent crime of child abuse. In the fourth part of the article presents the author for the establishment of an independent idea of the crime of child abuse, the first in this part of the crime constitutes a crime of child abuse were four elements in detail, and its reference to the relevant charges and proposed penalties to be set the new qualifications should be added to better punish criminal acts of child abuse sadistic side, reducing their chances of recidivism. Of course, for the regulation and protection of children’s rights child abuse behavior, relying solely on legal means is not enough, it needs the joint efforts of our entire society, multi-pronged approach, so that children grow up healthy and happy in the blue sky.