Research On The Application Of Law To The Crime Of Child Abuse Problems

The contradiction between high-risk situation of abuse case and the embarrassment situation of abuse crime has become the hot issues in recent years, which the criminal law theory and practice circle are focused. The present researches mainly focus on other crimes to solve the realistic predicament. However, in the condition of failing to well reflect the current abuses of China’s criminal law theory foundation and combining with the current Chinese abuses under the condition of reality, and to set up a new crime, may not be successful to solve practical problems, but to contrary to the modesty of the criminal law principle. Based on the particularity of Chinese family transaction processing and abuse cases’extremely distinctive personalized features, strengthen on the application of law to the current high abuse cases under the legal system of abuse crime, has certain rationality and legitimacy.Specific to the current child abuse cases that have led to public attention, the entity law in crime of abuse can be perfected as follows. That is abuse of minors abuses in serious standards should be reduced, to highlight the particularity of underage victim, light damage of child abuse should be incorporated into the scope of criminal penalties. In the application of child abuse punishment, it should be fully considered the behavior of abuse, rather than a serious act of violence in the crime to judge abuse behavior as intentional injury. In dealing with the crime of abuse and his competition occurs, it should be paid attention to follow the principle of combined punishment for several crimes, and strengthen criminal significance of abuses. Finally, as for the mental abuse to children, due to the lack of clear judicial standards of mental injury identification, we can take the immaterial mental injury consequences as abuse behavior plot, and punish it refer to the theory of behavior crime.On the procedural law applicable for child abuse, the crime of children abuse can no longer apply to private prosecutions procedure, for different age levels of minors may be kept points in a program. When entering the lawsuit, a case can reduce the burden of proof of minors, appropriate for the inversion of onus probandi.At the same time, aiming at the particularity of the infringement object, provide the judicial assistance from several aspects to protect the lawful rights and interests of minors.Through the application of such substantive law and procedural law strengthening, and on the basis of persist in not setting up the crime of child abuse and expand the abuse of subject of crime, to change the current law and abandon the existing criminal law mode. Maybe it can achieve more effective protection to the abuse of the rights and interests of minors, and help to solve the current difficulties of the crime of abuse.