On Criminal Regulation Of Child Abuse

Children, as one of the vulnerable groups for the society, should be given special protection to theirrights. This also is one of the important topics which the laws of various countries have been trying to studynowadays. The state of the development of the system of a country’s legal civilization is largely depends onthe domestic present situation of the legal protection of the rights of children. More and more incidents ofchild abuse outbreak, on one hand we have sounded the alarm to protect children’s rights, on the other handit also highlights the dysfunction of “The Law of the Protection of Juveniles”,"law on CompulsoryEducation ","the Teacher’s Law,""The Security Administration Punishment Law" and "The Tort LiabilityLaw "and other related preposition of laws and regulations. Make the child abuse action to be a part ofcriminal law mechanisms for evaluation and regulation, not only to strengthen the public awareness of suchwrongdoing negativity, but also is conducive to the protection of children’s legal rights to build a legalsystem in order to effectively curb the re-emergence of such behavior.However, the recent exposure of the process of the "Wenling child abuse case", not only let us see theembarrassment of processing this action by using existing criminal, but also triggered a intense debateabout the necessity of adding the act of abusing children into the law on the field of criminal law andadding "crime of child abuse ". How to make better use of the criminal law to regulate the behavior of childabuse and protect the legitimate rights and interests of children is becoming the current focus of attention oftheorists. In the fight against child abuse, China’s existing laws and regulations are not perfect, and thesupporting system is not perfect either. The legal framework of the protection of minors has not built up yet.In view of the shortcomings of the legislative and judicial, the final processing results of many cases ofchild abuse are often unconvincing. So, it is worthy to study further about how to adjust the child abusebehavior by using the criminal law on evaluation mechanism.In addition to the introduction, conclusion, references and acknowledgments section, this article isdivided into the following four parts:Part I: The necessity and feasibility of adding the child abuse behavior into the criminal law: theproblem "Wenling child abuse case" referred to. This section takes "Wenling child abuse case" as anexample, by the way of a brief review of the merits of the case, it detailedly introduces the specific dispute on the qualitative of this case between the practitioners and theorists. About the qualitative issues of thecase, it mainly starts the controversy around whether the behavior of Yan who was involved constitutes thecriminal law on the crime of affray, intentional assault, maltreatment, humiliation crimes and five counts ofchild molestation between the practitioners and theorists. Through the analysis of the social harmfulness ofchild abuse, the punishment deserved and meet the needs of cracking criminal law applicable problem,comes to the conclusion that the behavior is necessary adding into the law. From the principle of thetolerance of sex in the criminal law and the two aspects of positive domestic factors to analysis thefeasibility of adding abuse behavior punishment into the law.Part II: The present situation and existing problems of our child abuse prevention legislation. Thissection analysis the existing problems mainly through the describe of the status of legislation of preventionof child abuse. Among them, the problem exists on the current legislation are: First, the existing legislationhas holes; Second, the lack of operability of the specific regulations existing; Third, pre-law punishment isnot enough, there are loopholes in the criminal law.Part III: The inspection of child abuse prevention law in countries outside, Hong Kong, Macao andTaiwan regions. This section describes the legal protection system of child abuse prevention and treatmentabout the major countries and China Hong Kong, Macao and Taiwan regions outside, and makes thein-depth analysis to provide a good reference of making better use of our system of criminal child abuseacts and regulations. Among them, the legal protection system outside the country are mainly about UnitedStates, Japan, Europe and some other countries.Part IV: route choice in legal regulation of child abuse behavior in criminal law in our country. Thissection mainly demonstrate in four aspects and draw an conclusion that additional punish in crime of childabuse is not feasible, according the leak in the current regulation in child abuse behavior and surroundingthe dispute that if it is feasible to add a separate accusation in academic circle. Concretely, there are fourperspectives to prove that add the crime of child abuse is not feasible: first, the addition of accusation ofchild abuse is against the generation of criminal law. Second, it is not a necessary and effective condition inprevention in child abuse. Third, the addition of accusation of child abuse will lead bad influence to currentlaw system and public opinion. Four, the criminal law can not withstand the burden of the creation ofaccusation of child abuse.